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planning to get my property through a registered will
16-Jun-2023 (In Property Law)
Sir/mm,I am 40 years from tamilnadu, my father 70 years, my son 12, my mom 64, and only sister married with two kids. My father owns a self acquired property of two residential plots in Coimbatore city planning to write a registered will on my favour so that the property will come to me after his life time. My question: in future after my father’s life suppose if I want to sell it for my business purpose or mortage it for any loan do I need my sons(12years now) permission??? Sir also inform me in detail, wheather my son got any right on this property after my dads life time. Thanks sir.
If your father bequeath the property in your name by way of WILL, the property will pass to your hand exclusively after the death of testator and you can sell the property, but if the property bequeathed in joint names of you and your son, selling the property will little difficult. First you have to get permission from the District court to appoint you as guardian of your son and to sell the property. Court will ask to deposit the share in sale amount of your son to be deposited in fixed deposit under court. The amount will get only after his majority. As per your query, your father is going to write will only in your name, so after his death the property will come to you. You have every right. No need of permission of your son.
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Adv. Santhosh
Ooty | 100+ Answers
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If your father writes a Will bequeathing you his self-acquired properties, when the eventuality comes, you alone shall be entitled to succeed to his estate by the virtue of the Will, to the exclusion of all other legal heirs.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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