Active Stocks
Thu Mar 28 2024 15:59:33
  1. Tata Steel share price
  2. 155.90 2.00%
  1. ICICI Bank share price
  2. 1,095.75 1.08%
  1. HDFC Bank share price
  2. 1,448.20 0.52%
  1. ITC share price
  2. 428.55 0.13%
  1. Power Grid Corporation Of India share price
  2. 277.05 2.21%
Business News/ Money / Ask-mint-money/  ‘Will’ can be challenged by heirs, beneficiaries
BackBack

‘Will’ can be challenged by heirs, beneficiaries

A Will comes into effect upon the death of the testator, and has to be executed keeping in mind the requirements under law and signed by at least two witnesses in the presence of the testator

A Will can be challenged by heirs/ legatees/ beneficiaries of the testator on any of the grounds on which a contract can be challenged. Photo: iStockPremium
A Will can be challenged by heirs/ legatees/ beneficiaries of the testator on any of the grounds on which a contract can be challenged. Photo: iStock

I have a daughter and a legally adopted son. I want to give two properties to my daughter. Should I transfer them in her name or make a Will?

—Shyam Khurana

Hindu laws do not create any distinction between biological children born of a wedlock or a legally adopted child, treating both on equal footing.

A Will comes into effect upon the death of the testator, and has to be executed keeping in mind the requirements under law and signed by at least two witnesses in the presence of the testator. Though compulsory registration of a Will is not required under the Indian Registration Act, 1908, a probate may be required in certain cases under the Indian Succession Act, 1925.

A Will can be challenged by heirs/ legatees/ beneficiaries of the testator on any of the grounds on which a contract can be challenged. To avoid conflict of interest between your daughter and son, it is advisable to transfer, by way of gift, the two properties during your lifetime to your daughter.

Aradhana Bhansali is partner, Rajani Associates. Queries at mintmoney@livemint.com

Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!

Catch all the Business News, Market News, Breaking News Events and Latest News Updates on Live Mint. Download The Mint News App to get Daily Market Updates.
More Less
Published: 26 Dec 2018, 08:43 AM IST
Next Story footLogo
Recommended For You
Switch to the Mint app for fast and personalized news - Get App