JC (Senior management) 12 January 2011

Ancestral propoerty transfer

Hi,

We are 3 sisters, born and brought up, and staying in Bangalore , all married, mom staying with sis in Bangalore. This is regarding my Mother's ancestral property in Kerala. She has 19.5 cents.A nice fencing, house etc is in place in this propoerty which is well maintained.

Our wish is that the property never gets divided at all and pass on from generation to another as a single entity.None of us intend to stay there permanently. As the land is very close to Mom's heart, we want to ensure that the best legal documents are in place for that which ensures no further division , no sale of the property even in the coming generations. We want to operate and pass it on as a single entity.

Should Mom make a will for this in all the three of us sister's names? Should it have any specific content?As the property papers are in malayalam, should it be better if the will is made in Kerala ? Is it possible to do in English in Bangalore? Is will or gift deed better?What are the advantages of each?All 3 of us are of the same mentality and and want to take care of this land as a single entity for generations to come without any split or sale.. how do we ensure this?Please advise on the best course of action .

Regards,

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2 Replies

Surekha Jagdish Dabi (Senier Advocate) 12 January 2011

It is not clear from the querry that the 19.5cents is her share or not. Otherwise if so then it is better to make a will clearly stating her intentions about priservation of the property that it should be preserved for generations to come and no one including all of u & ur legal heirs has a right to sell or ulter it.The clauses in the will should be clear as of ur mom's intention.Regards.