Analyzing the present deed is vital previous to any authorized problem


I’m 76 and within the means of writing my will. At current, I’ve a residential condo in my title, together with my spouse and elder daughter. As per my will, can I assign this property to my spouse and youthful daughter (and never my elder daughter)?

—Identify withheld on request

We now have assumed that you’re Hindu by religion and the residential property is “self-acquired” (i.e. not Hindu Undivided Household/ancestral property). On the idea of those info, we observe that the property is collectively owned by you, your spouse and your eldest daughter. Accordingly, your possession curiosity within the property is restricted to one-third of the entire curiosity.

Accordingly, your proper to bequeath an curiosity within the property is restricted to solely your restricted share. Beneath your will, you’ll be able to bequeath your share to a legatee of your selecting, to the exclusion of others. Nevertheless, please observe that your spouse and your eldest daughter will proceed to personal their respective shares, no matter the way you select to bequeath your curiosity.

Must you bequeath your one-third curiosity within the property beneath your will to your spouse and youngest daughter (to the exclusion of your eldest daughter), the possession will finally mirror as your spouse proudly owning one half of the property; your eldest daughter persevering with to personal one-third; and your youngest daughter proudly owning one-sixth of the property.

We’re 4 brothers and two sisters. Our father handed away 4 years in the past and mom died six years in the past. Now, all of us have determined to partition the property that our father had created. It features a plot of land, which additionally had a store. Certainly one of my brothers stayed with our dad and mom. All different siblings are in several cities or nations. Once we mentioned the division, my brother who stayed with our dad and mom revealed that father had given him the store through present deed. We had been all shocked by this. All of us need an equitable distribution. Can we problem the present deed and ask the court docket to revoke it, as this was made when father was 90 and bedridden. What are the opposite choices that now we have?

—Identify withheld on request

The answer would lie within the id of the property within the palms of your father on the time of his loss of life. Based mostly on the info offered, it seems that as your father had “created” a property on the land, the store was due to this fact “self-acquired”.

For the aim of our response, now we have assumed that you just and your loved ones are Hindu by religion. Beneath Hindu regulation, an individual has absolutely the proper to present any a part of their self-acquired property. Any problem to such a present should be executed on the deserves of the matter itself, together with factual arguments on the capability of your father to enter into the present deed, contemplating his well being on the time. An additional problem could lay on the deserves of the present deed, i.e., if it was entered into by your father beneath duress, or by train of fraud, misrepresentation, and so on., or if the present deed was insufficiently stamped. That stated, this is able to require session with a counsel, since an examination into the particulars of the deed are essential previous to sustaining such a problem.

Within the occasion that the present is held to be legitimate, the steadiness property would devolve in your siblings and your self, with every buying one-sixth share (minus the store).

Nevertheless, if the property was acquired by your father, however thereafter added to any HUF, then a present in favour of your brother could be void. The evaluation of the id of the property and the present deed could be crucial.

Rishabh Shroff is companion, Cyril Amarchand Mangaldas.

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