Legal Question in Wills and Trusts in India

My mother has two properties (actually and as per title deeds her properties were purchased and gift settled by her mother i.e., my grand mother ). 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. In the year 2002 my mother filed a partition suit and in her affidavit she stated her properties were purchased from her husband `s income and all above four properties were joint family properties and also we all filed compromise petition .Finally the said case was dismissed due to non appearance by both plaintiff and defendants. At present 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? Since the decision taken my mother now is vary from her past affidavit filed in the dismissed case, is there any litigation may arises naturally or by any one of defendants in future and hence the proposed written will may be affected?


Asked on 6/04/11, 6:53 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

First of all, past affidavit has nothing to do with that. Secondly, This condition can be included in the will or you may enter into a MoU among all the legal heirs and make it a part and parcel of the will. Or the best way to first distribute the father's property among the daughters and then do all these. thanx

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Answered on 8/01/11, 9:31 pm


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