Can we bar one generation from selling the property?

Querist : Anonymous (Querist) 23 June 2020 This query is : Resolved
Hello respected lawyers..

I have some self earned properties.
I don't have kids.

I want to Transfer this property to my Best Friend's son.He is 20 years old but very naughty as of now.
Is there any provision in Law that I transfer the property to my Best friend's son but he cannot sell it while his next generation can sell the property.

Is it possible to make the will in this way?
Will will be made or this is possible by direct transfer deed.

How to proceed?
Thank you

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Raj Kumar Makkad (Expert) 23 June 2020
Yes. A will can definitely be conditional. You can insert the term in the said will. It shall be better to get the said will registered so that the authenticity of your desire may get more water than the unregistered will.

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Querist : Anonymous (Querist) 24 June 2020
@Raj Kumar Makkad ji Thank you Sir..

You are collecting a lot off good karma by doing such a wonderful Selfless Hardwork.

God Bless your Family.

Dr J C Vashista (Expert) 24 June 2020
Will can be executed in favour of your friend's son, if you so desire and you are absolute owner /titleholder of the property being bequeathed. It shall be applicable after your death but not during your life-time, which you will never see whether he (beneficiery) transfers the property to third party or maintains it for his next generation. I agree and appreciate expert advise of Mr. Raj Kumar Makkad.

You may consider to execute a gift deed in favour of your friend's son which shall be applicable as soon as he (donee) accepts it and see for yourself whether he retains or disposes the property.

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Querist : Anonymous (Querist) 24 June 2020
@Raj Kumar Makkad ji
@J C Vashishta ji

God bless your Family..

Querist : Anonymous (Querist) 24 June 2020
Thank you very much..

Rajendra K Goyal (Expert) 24 June 2020
Agree with the experts, in the given condition, bequeathing a will with condition would be better.

Raj Kumar Makkad (Expert) 24 June 2020
You are always welcome Mr. author and revert in case of any legal advice.

Sudhir Kumar, Advocate (Expert) 25 June 2020
law allows unwise action as discussed above.

Once he is the owner (though not entitled to sell) but entitled to enjoy the property. Thereby he can create claim / possession of others for consideration which will be petty only) and defeat your purpose.

People do not pass property to own son if he is irresponsible.

Rajendra K Goyal (Expert) 25 June 2020
Proper drafting of the will / preferable from some expert can check / control the problem pointed out by expert Sudhir Kumar to some extent.

Dr J C Vashista (Expert) 25 June 2020
Even after drafting, execution and registration of a conditional will, after acquiring the poroperty the beneficiary may dispose it to anyone and any time.

Raj Kumar Makkad (Expert) 26 June 2020
The testator can appoint someone as interceptor or authorized persons to get implementation of the conditional will in the event the beneficiary violates the terms as discussed above by some of the experts.

Rajendra K Goyal (Expert) 26 June 2020
Agree with the suggestion from expert Raj Kumar Makkad regarding process of will.

Raj Kumar Makkad (Expert) 26 June 2020
Thanks Rajender ji for agreeing.

Rajendra K Goyal (Expert) 26 June 2020
You are welcome expert Raj Kumar Makkad,

Guest (Expert) 26 June 2020
Hope this decorum would be maintained by Mr.Rajkumar Makkad.

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