Property
Querist :
Anonymous
(Querist) 16 September 2011
This query is : Resolved
Dear experts,
Please tell me if my son 23 years old working very well and drawing a salary of Rs30,000/- p. m. can make any claim on property bequeathed to me by my father through his registered will. The property was my father's self acquired property.
I want to disinherit my son from my movable & immovable assets.The question is about my father's self acquired property bequeathed to me by his regd. will.Can he raise any claim??
Thanks
R.Ramachandran
(Expert) 17 September 2011
The self acquired property bequeathed to you by your father will be your personal property. Nobody, other than you yourself, have any right to claim any share from the same. Your wife, son or daughters cannot demand any share from the said property. During your life time, nobody can disturb you.
However, even after your death, if you want to deny any share in the property (movable or immovable) to any of your son(s), you need not disinherit him. But, you can achieve your objective, by executing a Registered Will (duly attested by two witnesses) in favour of the persons to whom you want to give the property. The WILL will come into effect only after your death. The property will go only to those to whom you desire the same to go according to the WILL.
Guest
(Expert) 17 September 2011
he can claim only after your demise. otherwise you can do whatever you like to do.
prabhakar singh
(Expert) 17 September 2011
Though it does not sound well to hear that why a father wants to throw his son out of inheritance ??
BUT LEGALLY SPEAKING THESE PROPERTIES ABSOLUTELY BELONG TO YOU AND YOU AS OWNER CAN DO ANY THING OF THEM AS PER YOUR WISH AS YOUR SON HAS NO LEGAL RIGHT TO CHECK YOUR HANDS WITH RESPECT TO THESE PROPERTIES.
YOU CAN SALE,GIFT,OR EVEN WILL TO ANY BODY ELSE THAN YOUR SON.NEITHER YOUR SON NOR ANY BODY ELSE CAN CREATE ANY HINDRANCE AGAINST YOUR WISHES.
Guest
(Expert) 17 September 2011
I agree with Shri Ramachandran.
kuldeep kumar
(Expert) 17 September 2011
after ur demise devide ur property to ur sons equally if u want to remembered.macquiavali said.people more easily forget the death of their fathers than an enemy who intruded upon their shares
Shastri J.K.
(Expert) 17 September 2011
I also agree with Shri Ramachandran.
Devajyoti Barman
(Expert) 17 September 2011
Yes the son has no right of inheritance of the self acquired property if he dies testate.
So you can safely make a Will or gift the same to any one you want. That needs no disowning the son.
Sailesh Kumar Shah
(Expert) 18 September 2011
Rightly advised by experts. If you want deny share in property to your son, simply execute will in favour of another one.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
If U R a Bengalee, U can disinherit him right now. If not,you cannot disinherit him.
prabhakar singh
(Expert) 18 September 2011
Even a non Bengali can disinherit right now if the properties are his personal or self acquired.It was not an ancestral property forming any co parcenary with son,rather inherited from his father who was the self acquirer hence falling in his hand as personal of which he is absolute owner with out his son.
Hence it is not a matter of Dayabhag or Mitakshara.Opinion of both of the school here is common with no difference.
malipeddi jaggarao
(Expert) 19 September 2011
Legally, nothing requires to be added to the advice of Mr.Ramachandran which is perfect.
But, the property devolved on you by way of a will by your own father. Did he exclude any of legal heirs while making a will in your favour? What is his intention for making a will? Whether it is exclusion of anybody or for peaceful passing of property into your hands? Why do you wish to exclude your son of 23 years old? It is strange to hear such a case that you wish to exclude your own son at his age of 23 that too on the property given to you by his grand father (though it is his self acquired property, which became self-acquired property for you and you have every right to bequeath the same in whatever manner you wish. It appears your decision is guided by passions. Hence, wait for some time and give a relook to your thinking.
girish shringi
(Expert) 19 September 2011
I do agree with the experts.
