naveen kumar (Lawer) 16 February 2021

Property law

Sir/Madam,

one person(A) who has 2 daughters and one son. A has acquired 2 properties. he made a will i.e. one property to his wife during her life with out any power and after her death to his son with power to alienate or disposal and second property to his wife with powers to alienate or dispose . Now A is no more. 2 daughters are interested to get the second property. Their mother is also interested to give the second property to their daughter. But the son is not interesting ?

1) What is the procedure ?
2) that the second property is acquired through sale deed
3) how can the daughters can get the second property ?

pls reply.

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3 Replies

H.JanakiManohar Rao (lawyer) 18 February 2021

Conditional will is illegal.Once the property is given through will to his wife she will get absolute right over it.And she can give that property to anybody.Same answer for 2nd property also.She is the absolute owner for d second property also.

SHIVEK J. 25 March 2021

Greetings,

Given that the second property has been registered solely to A’s wife’s name, she possesses the right to transfer it to her daughters via a transfer deed, beyond which mutation would occur and the property would be registered to their name. given that the property is transferred in blood relation, the stamp duty also would be negligible.

Also, when it comes to the second property, since it has neither been left to the brother, nor does he possess the General Power of Attorney, he has absolutely no right to interfere in the matter. Had it been the first property, which has been left to him, that too conditionally, he could’ve had a say. Though it is to be noted, conditional wills are not considered legible anymore.

In any case, the transfer deed can be executed easily without any issue. Hire a notable property lawyer and even if this thing doesn’t execute, the wife of A can leave this property to her daughters in her will.

Hope this helps you.

Regards