Mahesh (Others) 30 August 2013

Transfer of property on death to younger son

Hi ,

I would like your advice on the below query..

There is a family consisting of 4 people .

1) Dad..He has parkison disease . So he cannot walk.talk or sign properly.

2) mom.

3) 2 Sons

The house(not ancestoral property) is in joint name of mom and dad.

The eldest son is of no use..he does not take care of his parents physically , mentally or financially ..

Now the Parents want to give the property after death to their youngest son only. However the elder son says that he will take this property one way or other....

So my question is

1) How can parents give the property only to their younger son as Dad cannot sign the way he use to due to his serious illness.

thanks & regards

mahesh Lad

Reply Follow

1 Replies

Namita Agarwal (---) 30 August 2013

The father can execute a Will when he is in a sound state of mind. A medical practitioner shall be present when the Will is executed by the father and the medical practitioner shall give a certificate for the same, verifying that father was in a sound state of mind at the time of execution of the Will.

Secondly, since the father cannot sign the Will, a mark or the initials placed by the father shall also be sufficient. Some other person can also sign the Will for the father by his direction. The other person may sign either the father’s name or his own for the purpose of giving effect to such direction.

Registration of the Will, will make it more authentic and less liable to be questioned in the future.

Transfer of property on death to younger son

1 Replies

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category