Legal Question in Wills and Trusts in India
My mother has two properties in her name aging 85 years. My father had another two properties in his name who expired on 1989. We are six sons and five sisters to our parents and legal heirs. Now my mother likes to give her properties to her sons after her life time through a will. But she asked that all sons should accept and willing to give my father`s property to her daughters and this clause should be include in her will and then only she is willing to do the same. Can it possible to include this condition in her will? Is it acceptable before the law? Let me get advice on this,please.
2 Answers from Attorneys
if the sons have no objection to the condition then inserting the condition will not be a problem. However mother cannot force her sons to waive off their rights. The sons can voluntarily and willingly waive off their rights in mother's property.
yes such a condition can be inserted
rather in her will she can also mention that other two properties will go to her daughters
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