Legal Question in Wills and Trusts in India

probating will-costs thereon

I trust my child to whom I am proposing to settle the houe we are living in retaining, however ,my right along with my wife for our residence there in during our life time and also putting a rider that our endorsement is required in case my child wants to sell the house during our life time.Is it Ok?

can I revoke the settkement if things go wrong later and i incorporate thiscondition in this settlement deed?After our life time,we want the first child to enjoy this property without any legal hassels and pressures from my other legal heirs.( Both are adults now.Of course I am planning to compensate my other child in some other form not to be equated in value to the house I amgiving to my first child..pl advise under this situation.After our life time,she can even sell the house without any hassels.Is it not?No probating is require then like the will?Thanks for your continuation advise.

Thanks


Asked on 2/22/09, 12:16 pm

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: probating will-costs thereon

If I were in your situation, I would rather execute a WILL in favour of my son and would not divest myself o the ownership rights irrespective of the conditions. After death, titale in the property in favour of the beneficiary under the will may be delayed but his possession is not disturbed; thus he continued enjoying all the rights except to sell the property; and there should possibly be no rush to sell the property after death of owner; the probate is required ONLY for change in title.

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Answered on 2/22/09, 2:12 pm


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