logo logo

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.

image

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

QUESTIONS

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three brothers, orally partitioned the partition. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three brothers are in good terms with each other.

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I was brought up by my aunt (the sister of my father). She was a Government employee who had availed loan from her department to construct a house. The loan is repaid in full from her salary. Out of her love and affection; she has bequeathed her house to me by will, which is registered. She has two sons who have abandoned her and I am looking after her. My husband wants to add another floor to the said house for which my aunt has orally consented. Please advise; whether her sons can claim their shares in the house which is bequeathed to me? Whether my husband can add another floor to the existing house?           

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

Q:- My friend, a bachelor, bought a bungalow and left for Amarnath on a pilgrimage. Before leaving, he handed over to me for safe custody among other thing his house documents and the bungalow keys. Unfortunately, he died in a landslide en route. He has no relatives or legal heirs nor has made any Will. I do not know what to do with his possessions.