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(Querist) 29 August 2013 This query is : Resolved 
Sir i have buyed some land from my own savings i have three children and i want write this land to my small child can i give this land to any one of my child or all three children had equal right on this land





Anirudh (Expert) 29 August 2013
Dear Mr. Singh,

As the property has been purchased by you from your own savings, you can write this land in favour of anybody. There is no compulsion that the property should be given to all the children.

Having said this, I want to say the following:

First it is not clear as to how old are you and what is your business or profession or calling.

When you say your children, I take it that they are still very very young and less than 18 years.

First you have to have your property for use by you during your life time. Only thereafter can you think of giving the property to anybody. Therefore I think when you want write this land to your small child, I take it that you want to write a WILL and not a GIFT deed. In any case before doing, better think several times, whether or not you require the property for your own use during your life time. Once you GIFT it to any one of your child, then you cannot take it back. However, if you write a WILL, then the WILL can be changed by you any number of times. If necessary, you can even sell the property to meet your need.
V R SHROFF (Expert) 29 August 2013
Remember that once Minor's interest is created in property, YOU CANNOT SELL IT WITHOUT A COURT ORDER.

So in case you need to sell it, you will have to wait [for a year or more] to satisfy court procedure.
I do not advise this. [BETTER, You may EXECUTE WILL AFTER U PUR]
R.K Nanda (Expert) 29 August 2013
u can give it to any child.
prabhakar singh (Expert) 29 August 2013
You have liberty to do whatever you intend to do about your self acquired property.

These decisions are delicate and should be taken only after consideration of all pros and cons and their impact in life.
Raj Kumar Makkad (Expert) 01 September 2013
No more to add as the common reply of all experts has already been provided to you.
Dr J C Vashista (Expert) 01 September 2013
Well explained by experts, I fully agree with their advise.
Since you have purchased the property you can dispose it off as you wish, however, it depends upon your choice for mode of transfer of title to the youngest child, whether you want to continue ownership during your lifetime or straight away release.Accordingly it will decide further course of legal action.


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