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(Guest)

Which way of property settlement is better here

hello,

if a grandfather (in a hindu family) X has 2 sons and a daughter. and want to give his few self acquired and inherited property only to his eldest son(physically handicapped)... which way is better. 1.by way of will 2. by way of gift deed, with consent signature from the remaining siblings...

what is the difference between the above two and which way is much cleaner from future legal hassles.



Learning

 2 Replies

saravanan s (legal advisor)     03 March 2015

if he wants to transfer his self aquired property during his lifetime to his eldest son then he can do it through a gift deed

if he wants to pass over his self aquired property after his death only then he can write  a will in his favour

as far as ancestral property is concerned he can either will or gift only his share in the ancestral property and not the shares of other person who forms part of the coparcenary

T. Kalaiselvan, Advocate (Advocate)     05 March 2015

What is the inherited property means?, is it a ancestral property inherited through a partition deed or some other mode of conveyance or has been inherited without any arrangement or whether the inherited property is not at all a ancestral property?

The self acquired property can be disposed by him in any mode as per his desire, he can make a gift deed or a settlement deed or can bequeath through a Will, he can do it on anyone's favor, of his choice, it is purely his discretion, no one has got any right or power to question his action.


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