Declaration suit
Mitul Desai
(Querist) 24 July 2012
This query is : Resolved
Plz help us in the following query
I have some good property and i have distributed it in four parts. from that one part is mine and other three are divided in my three sons.now the matter of dispute is for my part. now i wanted to give my property to my second no son but dispute is other two sons will create problem in future.i won`t to do this. what i should do?
Adv.R.P.Chugh
(Expert) 24 July 2012
How have you divided the property ? Is it by way of a family settlement ? was it ancestral property or self acquired property ?
Mitul Desai
(Querist) 24 July 2012
this id the Self acquired property n not possible of family settlement. my query is what i should do in matter ? i `ll file any type of suit in this matter.
ashutosh mishra
(Expert) 27 July 2012
Self acquired property of father can not be partitioned even by him with his sons should also be known to you equally as much as you know that no family settlement in this regard can take place.
What I gather as your intention from your query is that you have 3 sons and desire to
allocate 1/4th of the property to each of them and want to retain 1/4 th for your self during your life time and this yours 1/4 th should go to your only one son after you pass away.
If that is so,you have two options:
Make a registered Gift giving 1/4 th to each of them and a will giving your 1/4 th to your desired son.
or
Retain the properties with you life long and make a will in which desired son shall
get 1/2 and the next 2 sons shall get 1/4th
each.
