Will and Grandsons/Grand daughters
My father has written a will ( for his house ) in my name. I have one sister as only other legal heir.
I have one son and and one daughter , my sister has one son and one daughter too.
I understand This house will not be self acquired property for me and I can not write will for this house in favour of my son.
Who can claim this property upon my death- My son, my daughter, my sister ( if she is alive at time of my death....or my sister's son and daughter if my sister dies before me...
How shall I ask my father to write this will so that I have liberty to give this house to anyone.. may be one method that to be treated as gift to me after his death ..in case i have to pay gift tax...
Kindly advise me different alternatives available to my father in writing the will reg ownership transfer to me...and then to my son...
Asked in Family Law from Delhi, Delhi
1)once property has been bequeathed to you by will it would be your self acquired property
2) you can bequeath it to your son by will or sell the property or gift it during your lifetime
3) if you die intestate your mother , wife , children would be legal heirs
4) your sister would have no share in said property
1. You are aware that a WILL takes effect after the death of the Testator whereas GIFT takes effect immediately during the lifetime of the Donor itself and the Donee after accepting the Gift becomes the Absolute Owner of the Property. This will be a self acquired property for you.
2. Being the owner of the self-acquired property you shall have absolute right over the same, including executing a WILL or Gift in favour of anybody including your son.
3. If you want your son to be the future owner of the property, after you become the owner of the property through your father's WILL and after effecting the mutation of the property in the revenue records in your name either gift or execute a WILL in your son's favour.
The proeprty given by the father through testamentary succession ( Will) is considered to be self acquired property of the beneficiary.
So you can give this property to anyone you chose,There is no restrain to choose the future successor of the proeprty.
If you have decided to give this to you son Will is most cost effective option.
1. Your understanding is not correct. The property which one inherits is at par with his self acquired property, which he can bequeath just as his self acquired property.
2. If you do not alienate the property or make a will during your lifetime then after your demise your legal heirs i.e widow and children will succeed to it.
3. Your father can also create a life interest in your favour, which will enable you to enjoy and reside in the property during your lifetime and thereafter it can devolve on your children. All depends on the intention of the testator.
4. Tell your father to get the will drafted by a lawyer.
If grandfather had died in 2010 without will and her daughter does not file suit for partition for 12 years which is in possession of her brothers, will she loose her right on that as per Law of limitation. If his daughter dies case A) before 12 years Case 2) after 12 years , whether his grandson can claim that property from his mama as that property will be not be self acquired by mama but in name of his nana....if the property is not mutated in name of his mama or anyone by that time.
Asked 5 months ago
Daughter willnot lose her right in deceased father property if she has not filed suit for partition
2) her claim would not be barred by limitation
3) on demise of daughter her son can file suit for partition to claim share in property
Your father can transfer his self acquired property to yor name by a testamentary disposition, i.e., a will.
But this will take effect after your father's lifetime.
Once the will is enforceable then you will become the absolute owner of the property bequeathed on your name.
After that based on the marketable title on you, it will be your own will and wishe to dispose the property in any manner and on whoever you may decide to transfer.
There is no necessity to seek anyone's NOC or consent to this.
Your sister, her children, your own children do not have any rights in the property which you have acquired through a will executed by your father.
If grandfather had died in 2010 without will and her daughter does not file suit for partition for 12 years which is in possession of her brothers, will she loose her right on that as per Law of limitation
There is no limitation for partition. If the father died intestate his daughter can claim her legitimate share anytime in her life.
If his daughter dies case A) before 12 years Case 2) after 12 years , whether his grandson can claim that property from his mama as that property will be not be self acquired by mama but in name of his nana....if the property is not mutated in name of his mama or anyone by that time.
The legal heirs of the deceased daughter can claim a share in the share of the deceased daughter who would be entitled to a legitimate share from her father's intestate property.
1. As per your narration your grand father was owning a self acquired property and died intestate( without executing WILL), then the property would devolve equally to your grand mother( if alive) and her children equally whether they are sons or daughters.
2. Law of limitation does not play here and the daughter can claim her share of the property and if the daughter is not alive, then her legal heirs like husband & children can collectively claim share limited to the share of the deceased person.