Hello all, A brief summary. - My father & mother have bought the current building where we reside. They are the landlords & had bought the building in 1979. - We own & occupy two flats in the building. In my parents will, they have given one flat to me and one to my brother. - The other 3 flats in the building are occupied by tenants (pagdi system). My parents have willed the building, common areas & joint landlordship to me & my brother (jointly). - Mom is alive, daddy has passed away. Now, I am divorced and happily married with my 2nd wife. Things are hostile with my 1st wife and my son (from 1st wife). My question = how do I protect my parent's property from my hostile son? Is the will enough? Am hearing contradictory things about wills, self-acquired property etc. so thought of coming here for advice. Can he make any sort of claim on my parent's property? If so, how to prevent that? Thank you!
It is not ancestral property
2) you are at liberty to execute will in respect of property bequeathed to you by your father
3) will should be attested by 2 witnesses
4) registration is optional
5) in alternative execute gift deed during your lifetime
6) gift deed should be duly stamped and registered
Your sons both from first and second wife and your both wife first and second do not have any right to your property either acquired by yourself or by intestacy or through will except ancestral property, during your life time.
Your second wife and all your children from both wife shall have full right to the property through intestacy after your demise if not disposed of by any testamentary disposition.
Thanks! That was quick. Is this not ancestral property? I thought any property willed to me by my father is ancestral property?
property which has remained undivided for 4 generations is ancestral property
2) in present case you have inherited self acquired property of your father
Property to be ancestral should be four generations old. That property should pass down from great grand father to great grand son.
The property in question is not an ancestral. It is self acquired property of your father and shall be treated so in your hand also
Child have no right except right to residence till he becomes major. And you and your brother are sole owner on the basis of WILL.
Property acquire through testamentary succession (WILL) is self acquired.
1. the property is the self acquired property of your parents
2. they have made mutual Wills [i assume] by which the property is bequeathed to you and your brother jointly
3. your father is no more. So his share in the building will devolve on his legatees [i.e. his 2 sons] as per his Will
4. mom is still alive, so her share in the building will be continued to be owned by her
5. since the property is in Mumbai, the Will has to be compulsorily probated
6. thus as for now and subject to the father's Will being probated, the building property is owned by your mother, yourself and your brother jointly as co-owners
7. your son from first wife cannot claim any right over this property so long as you are alive
8. the son's right will come into play only after your demise and provided you die without leaving a Will
9. if you die intestate, then your son from first wife being a class 1 legal heir will be entitled to your share in the building alongwith your other class 1 legal heirs who are your mother, widow and other children
10. however if you die testate, i.e. by leaving a Will, then the devolution of your share in the building will be by testate succession i.e your share will go the legatee named in your Will in whose favour you may have made a bequest
11. the son from your first wife as of now cannot claim any share in the property which you have inherited from your father under his Will.
12. Even if your father's Will is set aside for a moment, on demise your father, his share in the property will devolve on his class 1 legal heirs, which does not include a grandson!
13. hope this clears
14. ancestral property is one which is inherited by a male Hindu from his father, grandfather or great grandfather
15. this property i assume must have been bought by your father out of his own funds and therefore it is his self acquired property
16. if your son wishes to claim in this property then he will have to first prove that this property is a HUF/ancestral property in which he too is a coparcenor. He will have to file a partition suit
17. to repel any such action by your son, you can produce the sale deed by which this property was purchased by your father out of his own sources of income.
Yes if the said property is not ancestral then you can execute a will that's enough. Your self acquired property can be willed to anyone as per your desire
See the first wife has no right in your property or your parents property after divorce also son in your life time has no right on this property after demise of mother the will shall become operational and you shall be absolute owner of property .
You can freely gift will transfer or sale your share.
It shall be inherited property and not ancestral you and your brother shall be absolute joint owners.
You can execute will or gift deed . If the property is self acquired by the parents, a son has no legal claim in it.
It is not ancestral, it is inherited self acquired property.
Your son or your 1st wife or any other person do not have any rights in the property you have acquired through your father's Will.
It becomes your own and absolute property.
No claim by them is maintainable and their case, if any filed before any court may not be entertained.
This is not ancestral property.
This shall become your own and absolute property hence you can refuse to give them any share in it.
1. During your lifetime your Class 1 heirs have no share in your property. You are free to transfer or bequeath your property despite the hostility between you and your son.
2. As the owner of property you are free to bequeath your entire property to anyone you desire by excluding your hostile son altogether.
3. The property which a son receives through testate succession (will) from his father is not ancestral.
1. Ancestral Property must be atleast Four generation old, to be classified as Ancestral Property.
2. Property received by you via an inheritance /WILL, is legally classified as "Self Acquired" property and till the Father (title owner) is alive, NOBODY including his children can stake right /claim on alive Father's property.
3. IF You execute a registered WILL with strategic clauses, THEN too your children CANNOT stake claim /right over your property (because of point no. 2), and you can will /gift /donate /transfer it to anybody else.
1. You should make a settlement deed with your brother for partition of property between both of you.
2. Then apply for title transfer to your name.
3. Even your son cannot claim share from the property As it is not ancestral property and after transfer of ownership on your name it will be considered as your self acquired property.
4. The ancestral property is the property which is not partitioned from last three generations.
Thw property has been willed to you and therefore it hasn't become an ancestral property. Therefore nobody can demand a share in the property.
It was an ancestral property initially but if you father had died without writing a will then it would have remained an ancestral property. But he willed it to you. Therefore not an ancestral property anymore.