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I own a house which is self acquired property purchased out of my earnings. I have two children, a son and daughter. My son is married and is living separately. My daughter is unmarried and is living with me in my house and is taking care of me. I am aged and want that my daughter should get my house but want that the house should be in my possession as long as I am alive. Please advise how to proceed.

- by Sadanand, Madikeri

You can transfer the house to your daughter either by way of gift or by making a will.  Making gift is preferable as will is operative only after the death. The contents and genuiniy of the will may be questioned by other claimants. However, a gift becomes operative immediately subject to the conditions mentioned in the deed. Proper protective clauses to ensure that you continue to be in possession of the property as long as you are alive should be incorporated. Such conditional clauses are permitted in gift deed as per Section 126 of Transfer of Property Act 1882.  The gift deed should be adequately stamped and registered.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- My father had inherited some ancestral properties from his father. I am the only son of my father. My father has sold the ancestral property when I was minor. The sale proceeds were utilized by my father for his trip to U.S.A. The said sale was done when I was five years old. I have completed 18 years of age on 6/12/2002 and want to assert my claim over the ancestral property. But I was told that I cannot move the court as the limitation of twelve years is over. Please advise, what is the remedy?

Q:- I own a house which is self acquired property purchased out of my earnings. I have two children, a son and daughter. My son is married and is living separately. My daughter is unmarried and is living with me in my house and is taking care of me. I am aged and want that my daughter should get my house but want that the house should be in my possession as long as I am alive. Please advise how to proceed.

Q:- In your August issue, you answered the query of Smt. Kausalya Devi about the devolution of property inherited by a female through her father. I am in similar situation but the property inherited by me is that of my father-in-law. I do not have any children and my husband also expired an year ago. Please advise how my property is devolved?

Q:- Sir, I am a Hindu widow and do not have any children. I have inherited property from my father.  Please inform who will succeed to my inherited property.

Q:- I am a Hindu and have acquired certain immovable properties out of my own income. I do not have any issues. My husband died recently and my parents also expired long back. Please inform who will succeed my acquired property if I do not make a will.