If it is self acquired or inherited property then you can execute gift deed or will in favour of your only son.
Hi , I am a single mother . I have two children. I girl.who is married now and self dependent.and one boy who is dependent on me.. I want the enitre property of mine to be transferred to my son as my daughter is keen on challenging ensuring equal rights... But I want to transfer entire rights to my son in a way that in future he is not challenged at the court. What steps should I take ... I have 3 properties in Varanasi and bank balance . And one property in kolkata. I want to give only kolkata property to my daughter .rest to my son. But I m worried that after my death she might challenge my decision in court. Kindly advise to go ahead with correct steps .so that later my decisions is not challenged in court
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If it is self acquired or inherited property then you can execute gift deed or will in favour of your only son.
Make a registered will and divide your property between your children. Specifically state how the property is to be divided amongst the children.
Engage a lawyer for this purpose.
Regards
You can during your lifetime execute gift deed in favour of your son for your one property in Varanasi
2) gift deed should be duly stamped and registered
3) balance properties you can execute will in favour of sin and daughter
4) will should be attested by 2 witnesses
5) will should be registered
6) your daughter is always at liberty to challenge the will
Thankyou sir for your response.. so even if I do a registered will for my son , still she can challenge that will after my death ???. What other ways can I do so that in future even after my death my son doesn't face any issue
Your daughter can challenge the registered will but chances of success would be bleak
you can mention reasons why you are giving more property to son than to daughter
during your lifetime transfer one property to your son by gift deed
1. If you are the sole owner of the properties you wan to transfer to your son and daughter in the manner you have mentioned, there is no one which can challenge this.
2. The most cost effective method to do this is make a registered Will and bequeath the property in the way you want.
3. The gift deed is another option but this entails stamp duty charges and makes your son immediate owner of the property making you vulnerable to the change of heart of your son .
1. You are free to transfer your entire property to your son during your lifetime. If you execute a gift deed then he will become the owner of the property as soon as the gift deed is executed.
2. If you make a will then it will come into operation after your lifetime.
3. You cannot stop your daughter from challenging the will, but she can challenge it only on the ground of your lack of competence to transfer/bequeath the property or that it was done by you without free consent.
4. Get a flawless deed drafted by a lawyer.
Execute a registered family settlement deed in favour of your son.
A settlement is a disposition of property or properties, movable or immovable, as per the wish of the owner of the property. The settlement shall be in written form only and is to be registered. s. A settlement can be made in favour of family members or even non relatives due to the love and affection that the executants / owner of property had over the claimant. Thus 'love and affection' is considered as a consideration here in settlement.
In Maturi Pulliah and Anr. v. Maturi Narasimhan and Ors. , wherein it was held that the family arrangement will need registration only if it creates any interest in immovable property in present time in favour of the parties mentioned therein. In Ram Charan Das v. Girjanandini Dev,i the Supreme Court observed: “Courts give effect to a family arrangement upon the broad and general ground that its object is to settle existing or future disputes regarding property amongst members of a family. The consideration for such a settlement will result in establishing or ensuring amity and goodwill amongst persons bearing relationship with one another.”
See you may make a registered will wherein you can distribute properties as per your wish and will is operational after your death. Also your daughter will not able to challenge the will made by you.
See if there is a registered will even if she files any claim same would be not maintainable and your son will not face any issue.
Also vide gift deed on your life you can register properties to your son.
If all the properties are lying in your name by a registered deed or if you have inherited the same then you will be the absolute owner of the entire properties.
You can transfer the properties as per your desire and decision.
You can execute either a registered settlement or family arrangement or or family partition deed distributing your properties to your children in the manner and in the proportion you may have designed. Your this registered transfer deed done during your lifetime cannot be challenged by her in the future.
The registered Will can be challenged by her but not the registered settlement deed done during your lifetime.
You can impose lifetime interest condition to you in the proposed registered settlement deed to ensure that your interests in the property are not denied during your lifetime.
1. In the given Circumstances, you can execute a registered "Gift Deed" (which can also be conditional), in favor of Son, for the relevant property/s. This has to be done during your life time, which shall make it irrevocable and non-challengeable. No consent or NOC is required from ANYBODY. This is legally safe and can be done immediately.
2. WILL, even if registered will remain challenge'ble by vested legal heirs, on grounds of mental instability, coercion, etc....
Keep Smiling .... Hemant Agarwal
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If it's a self acquired property you van transfer it to your son without consent of your daughter. You can execute registered gift deed or will for the same
Registered will can be challenged only if it is done under influence, or person making it is not in a position to understand what he/she is doing, certain grounds are there when it can be challenged otherwise if is registered with due process of law then can not be challenged
Self acquired proprieties of yours, you can give them to any. Registered WILL, presumption of its validity ad effective after death. Minimal registration money involve in executing WILL.
In your life time, you can transfer ownership by executing gift deed. Stamp duty payable. Bank balance you can transfer without any documentation. And gift deed will register at sub registrar office where properties exits.
She may challenge the will. But if it is registered and its contents known to everyone including her, she cannot do anything.
You can transfer the property to him in your lifetime. That would solve the problem once and for all.
1. You can register a conditional gift deed transfering the said specific properties to your son and daughter retaining your living rights thereupon.
2. It will be safer than registering a will since probate of the will shall have to be taken by your son which can be challenged by your daughter alleging that the said will was managed to be executed by your son in his favour under coercion or influence.
1.Register conditional gift deeds for both of your son and daughter as advised in my earlier post.
2. Getting probate of will is a cumbersome job and certainbly will be opposed by your daughter for which registered gift deed will serve your purpose.
3. Conditional gift deeds will be ideal in the instant case which will ensure living rights on all your said properties.
1. You can gift the properties through gift deed to your son and daughter as per your wish and get it registered with sub registrar.
2. You can also make will and get it registered with sub registrar if you don't want to transfer rights of property during your life time to secure your lifetime.
3. Gift deed is the best option to your son because it cannot be challenged by anyone during or after your lifetime. Will can only be challenged on ground of your mental health by your daughter for that you can get your tests done and attach reports with will.