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chand malhan   27 December 2023

Out of the two sons, i intend to give my movable and unmovable assets[ to one of my sons only

I want to give my movable and unmovable property (self_ acquired) to my younger son only out of the two sons I have. Please advise



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 5 Replies

Real Soul.... (LEGAL)     27 December 2023

You need to make a registered will deed that will be enough

SAM (LEGAL)     27 December 2023

Prepare a WILL through a local lawyer, appoint an Executor in a WILL who will take care of beaquithing the property, attach doctor certificate along with 2 witness who are below 45 yrs age and get it registered in the Sub Registrar office at your area. In that WILL you mention that you will give all you moavable and immovable properties to your younger son.

T. Kalaiselvan, Advocate (Advocate)     27 December 2023

You have full rights to transfer your self acquired property in favor of only one son out of your two children.

The aggrieved son cannot claim any share in the property as a right.

You may better transfer the same by executing a registered settlement deed with or without any condition in favor of the chosen son during your lifetime.

Sudhir Kumar, Advocate (Advocate)     12 May 2024

make a WILL                  

Aadil (Student)     24 May 2024

Dear Chand Malhan,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your query is YES. You may transfer your property to just one of your sons after your death.

 

This can be done by creating a will, which shall contain the necessary conditions. As per Indian Succession Act, 1925, any person of sound mind may create a will, provided he is not intoxicated at the time of creation, and is in a state of sound mind if they are ordinarily insane. Even people who are deaf, dumb, or blind may create a will as long as they are aware of the consequences of their  action, as per Section 59 of the Indian Succession Act, 1925.

The contents of the will must not contain clauses that are uncertain, impossible, illegal, immoral, or in any other way barred by the Indian Succession Act, 1925, as that would lead to the will being declared invalid.

Also, during the creation of the said will, two witnesses are required to attest the validity of the will, and must have clearly seen the testator or some other person under the direction of the testator sign or fix their mark on the will, or must have received personal acknowledgement of the same from the testator, as per Section 63 of the Indian Succession Act, 1925.

As long as the said immovable property is self acquired and not ancestral, the other child shall have no right to question the will or claim any right of inheritance over the said property.

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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