Partition of property
kalaivani.c
(Querist) 26 November 2013
This query is : Resolved
sir,
Mrs.A has four sons and two daughters. one son was died. now she wants to transfer the property without consideration in the names of her daughters through settlement deed. the properties acquired by her all are from her own earnings and the properties are in her name only. after she executed a will stating that certain amount should be payable by her daughters to the sons (without knowledge of her sons). is it will create any legal problems in future?
adv. rajeev ( rajoo )
(Expert) 26 November 2013
If they are the self acquired property she can give them to any body. There wont be any problem
R.K Nanda
(Expert) 26 November 2013
agree with expert.
Rajendra K Goyal
(Expert) 26 November 2013
Self acquired property can be disposed as per one's wish through sale, gift, transfer or will.
Raj Kumar Makkad
(Expert) 26 November 2013
No doubt, she can make her will as the property is self acquired but she cannot create a liability of her sons in the will that they shall pay a certain amount to their sisters.
Such type of condition can be got attached only if she wants to give her property in favour of her sons and wants in turn compensation to her daughters from her sons otherwise the property be divided as per law of inheritance among her all legal heirs.
malipeddi jaggarao
(Expert) 27 November 2013
Shri Makkad Saheb - the query is other way round - the mother wishes to make a Will by giving all her properties to her daughters only and in turn the daughters should pay certain sum of amount to her sons.
According to my view, she can make such conditinal Will, but later this has to be accepted by the beneficiaries of the Will (daughters). If they do not accept the same, the law of inheritance will seat and properties will be divided as per law of inheritance among all the legal heirs.
I also request Shri Rajkumar Makkad saheb to comment after my above clarification.
