Legal Question in Wills and Trusts in India
Hindu succession act, india
My father, residing in Chandigarh, owns a 528 sq. yards double storey house, which he has purchased soloely with his savings. Its market value is Rs. 3.50 crores approx. We are 2 brothers, and 1 married sister - all are well settled(I am the eldest). We have very amicable relations amongst us. My parents want to will the house (floor wise) and its effects - est. Rs. 20 lacs to us brothers, and compensate the sister by leaving her Rs. 50 lacs in cash / kind. They do not want us to have any differences etc later, but are concerned whether the sister can demand more / how to equitably divide between us brothers.
Please advise the legality etc. with respect to above.
5 Answers from Attorneys
Re: Hindu succession act, india
he can give teh property to any person as per his wishes nobody can claim further share than what is given by your father as it is his self acquired property
Re: Hindu succession act, india
There is no problem for your father and there should be none for you as well in future. You have mentioned that the house at Chandigarh has been purchased by father out of his own savings.He is free to make a will of the same along with other moveables & cash in the manner he likes to and nobody including your sister will be able to demand more than what has been expressly given to her in the will. He can distribute his self acquired properties in any manner he desire.
Re: Hindu succession act, india
Since it is a self owned/acquired property of your father hence he can bequeath the same as per his wishes and in that case your sister can not claim any right in the property but it is also true that you can not stop her from approaching the court and to claim right in the property.
Re: Hindu succession act, india
since it is a self acquired property your father can decided the matter as he wishes and execute a settlement deed or will for that matter. there is no question of demanding legally speaking with respect to self acquired property more over holder of the property is till alive ... may be you also try getting a relinquishment deed from your sister from claiming anything (later !)from your father after satisfying her as you father wishes!
Re: Hindu succession act, india
since it is his self acquired property he just needs to make a will and specifically mention all what he wanna give to you all. you people also may sign it and then get this registered.
besides this you three make a agreement that u accept the will as it is and get three copies in original and keep one copy each.
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