will
nivedita
(Querist) 15 November 2010
This query is : Resolved
A couple who are senior citizens, wish to make a will.They have a few self acquired properties whom they wish to will, in favour of their son, to the exclusion of their 2 married daughters. The daughters have no objection to it. However, the couple wants to stipulate a condition that the son after their death and also when the property is transferred to his name, should not sell, mortgage the said properties lest the will is not valid. Is such a condition valid and can it be enforced, if so how ? What are the other options?
R.Ramachandran
(Expert) 15 November 2010
Yes, the testators can impose any condition while bequeathing the property through WILL.
A V Vishal
(Expert) 15 November 2010
A Will maybe made to take effect on happening of a condition. However if it is ambiguous whether the testator intended to make a Will conditional, the language of the documents as well as the circumstances are to be taken into consideration.
Raj Kumar Makkad
(Expert) 15 November 2010
specific condition can be imposed by testator.
Sri Vijayan.A
(Expert) 16 November 2010
Condition can be imposed.
But I feel that the condition shall not prevent the alienation right of the male beneficiary.
