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What is a Characteristic Property?

How can I get my property back? What is the optimal solution in following family-property dispute?

  • I am 80 year old person in India having son1 & son2. In 2012, I made my will and according to that will, My son1 got some property.Now that property is on his name.Can I make a new will and get that property on son2's name without any permission from son1? The actual owner is me but the legal owner in son1 as of moment. If I make new will saying son2 should get that property, will my son2 get that property? Need a legal advice.Thanks in advance. P.S = Just wanted to clear that that property is on name of son1. After making the will for the first time, We legally made that property on name of son1.

  • Answer:

    The facts as i understood them are -you prepared a Will and bequeathed certain property to Son 1. You now wish to modify the Will and bequeath the same property to Son 2. If this is your question,then the answer is a simple yes,you can. A Will can be modified at anytime during your lifetime and beneficiaries under it changed per your wishes (unless its ancestral hindu property -which is a whole other kettle of fish and i won't get into that here) If it's a registered Will then it can only be overridden by another registered Will. In all other cases,the more recent Will shall supercede the earlier. Ps-didn't understand your point about the "actual ownership" and "legal ownership". To my mind whoever is the legal owner should be the actual owner.

Saurabh P.S. Chauhan at Quora Visit the source

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You transferred the property or willed it to your son1 if you have willed it, then it comes to effect only after your demise. You can change your will any number of times, you need not inform any beneficiaries before or any time if you do not wish by assigning the property in your will the property does not get transferred, the clauses take into effect only after you depart from this world

Jayaram Shastri

Will has no effect till the person who makes it is alive. A will can be revoked as many times as the person who makes it wishes. Will takes effect 'only' upon the death of the legator i.e the person who makes the will.

Himanshu Pal

Visit http://www.ruly.in and get answers to all your questions related to legal issues and get a lawyer for yourself if needed.

Anonymous

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