Property

Pardeep Gogna (Querist) 26 October 2015 This query is : Resolved
Dear Sir

I got married in 2006 but we had taken divorce from each other by mutual consent in 2011 and we also have a son from our wedlock (born in 2008).My son is living with her only.I had given permanent alimony to her to settle the matter.

However I got remarried in 2012 and settled well with my second wife. I have a son from my second marriage too (born in 2013).

We have a house in the name of my mother. This property is self acquired property by my mother and father (both govt servants & now retired & alive).

I & my parents want to make a full proof arrangement in such a way that this property (or any other bank balance of my parents) should not be shared or go to my previous wife or son (from 1st marriage). Can you please guide us with the correct action plan?

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P. Venu (Expert) 27 October 2015
Your mother can deal with her self earned property at her discretion during her life time.

Pardeep Gogna (Querist) 27 October 2015
Sir we afraid that after getting the age of 18 my son can claim his share in the said ancestoral property. What we can do to prevent this?

Guest (Expert) 27 October 2015
The Parents are the Sole Owners of the Property they have the Right to decide .None Could Interfere Or Have Any claims

Pardeep Gogna (Querist) 27 October 2015
But sir after my parents lifetime, can my son claim his share in the said property if there is no will made by my parents. What may parents should do to avoid that? Should they go for a will now only? We have heard that this idea is there in my previous wife's mind that they will move to court after my son attains 18 yrs of age to claim his share.Please suggest

Guest (Expert) 27 October 2015
It is Purely based on your Parents decision.If you do not have any other brother or sister they could Execute and Register a Will Or if they are Ready they Could Execute a Settlement Deed in your Favour.

Pardeep Gogna (Querist) 27 October 2015
I am having 02 sisters and both are married. is it mandatory for parents to add my sisters names in the will?

And kindly inform what is a settlement deed??

Guest (Expert) 27 October 2015
The Close relatives of a family Registering a Property between themselves would be settlement Deed and the Cost would be Very Less in Registration.It is Up to Your Parents to decide.Consult A Local good Advocate along with your Parents.

Pardeep Gogna (Querist) 27 October 2015
Thanks a lot sir

Guest (Expert) 27 October 2015
Welcome Please

Rajendra K Goyal (Expert) 27 October 2015
Your mother in whose name the property is at present can make a will / gift in your favor or in favor of your second son.

K.S.Srinivas (Expert) 28 October 2015
I agree with Sri N.J.S.Rajkumar alias narasimha.

T. Kalaiselvan, Advocate (Expert) 01 November 2015
The self acquired properties of your parents will not be ancestral properties in the hands of your son and he has no right to claim any share out of it. It is your wrong notion. You are unnecessarily worried about nothing. Your mother can dispose her property in any manner even otherwise it can be claimed only by her legal heirs and not her grandchildren, there is no law yet on it.

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