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Is writing a will is mandatory for transfer of property to my only son
19-Feb-2025 (In Property Law)
My wife and I each own a property, and our only son is now a legal adult. Should I write a Will to specify the transfer of these properties, or will they automatically pass to my son after our lifetime?
As you have only a son, after the lifetime of both you and your wife, he shall solely inherit your estates automatically. As such, there is no need to write any Will. You may do so if you wish. The choice is yours.
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Adv. Swaminathan Neelakantan
Coimbatore | 700+ Answers
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Well, it depends based on your choice;
1) If you prefer to have the whole ownership till your lifetime, and then if you want your properties to be inherited by your only son - Then, you could either register and execute a Will Deed(Sealed Will-optional); or let him inherit your properties after your lifetime.
2) You can execute a Settlement deed in favor of your only son (with/without your residential rights for lifetime or any obligations such as providing proper accommodation and care in return). By executing a Settlement Deed, the property ownership gets transferred to the beneficiary effective immediately, so that your son will get his full rights over the property to alienate/mortgage/gift or any other forms of encumbrances.
Regards,
Advocate Ragul Sivanand,
A.R.S. Law Associates,
Nagercoil.
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Adv. Ragul Sivanand
Nagercoil | 200+ Answers
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