LawRato

Legal Advice-Safeguarding Parents’ Self Acquired Property from claims


18-Jul-2025 (In Divorce Law)
Dear Sirs, I’m the elder son of my parents who own self-acquired properties. I’m separated from my wife (divorce pending) and have an estranged 15-year-old son. I own no property as we fear any asset in my name may be claimed by my wife or son. Kindly advise how my parents can safeguard their properties from any current or future claims by them. Would a will, trust, or other legal measure be best?
Answers (5)

Answer #1
508 votes
Greetings I can undersrand the pain you are going through Here is the answer for your query 1. Property owned by parents does not fall in ancestril property so your wife do not have automatic rights to them. 2. Your parents shall create individual will and state the name of people they want to transfer other than you. 3. They can transfer the properties through gift deed DO NOT LET YOUR NAME TO BE HIGHLIGHTED IN ANY PROPERTY RELATED DOCUMENTS. Thank You
Helpful? LawRato LawRato
Advocate Anuj Goel

Adv. Anuj Goel

LawRato Delhi | 50+ Answers
Chat with Advocate Anuj Goel Chat 
Answer #2
556 votes
I am Advocate Sumit Yadav, and we are a team of 10 advocates operating across India. To assist you effectively and guide you toward the appropriate legal remedies, I would need more information regarding your case. Kindly share the relevant details at your earliest convenience. Hope to hear from you soon.
Helpful? LawRato LawRato
Advocate Sumit Yadav

Adv. Sumit Yadav

LawRatoDelhi | 50+ Answers
Chat with Advocate Sumit Yadav Chat 
Answer #3
963 votes
Greetings, You may seek a detailed legal Consultation. Do connect and brief the facts of the case. Get the title documents of the properties legally perused from an Advocate. Will may be an option but can be confirmed after perusing the title documents and the brief.
Helpful? LawRato LawRato
Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
Chat with Advocate Anubhav Kathuria Chat 
Answer #4
647 votes
Sir, a will or trust will not be able to safeguard your property. It can be safeguarded from all the claims based on the details of your divorce proceedings and the stage of it. It's advisable to contact me and provide the requisite details to assist you better.
Helpful? LawRato LawRato
Advocate Ishan Parashar

Adv. Ishan Parashar

LawRatoDelhi | 200+ Answers
Chat with Advocate Ishan Parashar Chat 
Answer #5
639 votes
Your parents, as owners of self-acquired property, are free to deal with it as they wish. To safeguard the assets, they may consider creating a registered “Will” clearly excluding any interest for your estranged wife or minor son. However, a “Will” takes effect only after their lifetime. For greater protection during their lifetime, they may also explore creating a private family trust or executing a registered gift deed in favour of a trusted person or other children, if any.
Helpful? LawRato LawRato
Advocate Adarsh Kumar

Adv. Adarsh Kumar

LawRatoDelhi | 400+ Answers
Chat with Advocate Adarsh Kumar Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato