Can I bequeath property to my son after my spouse’s lifetime?

I personal a bungalow in Mumbai which I wish to bequeath to my son. However, I would like my spouse to reside there throughout her lifetime and never promote it. Will this be doable?

— Name withheld on request

Yes, it’s legally doable. You can create a will and bequeath the bungalow in favour of your son, whereas making a life curiosity in the identical property in favour of your spouse. You can create these provisions in a duly executed will, on account of which publish your demise, though the possession of the bungalow will vest along with your son, your spouse will probably be entitled to reside within the bungalow throughout her total life. However, your spouse is not going to be entitled to promote, switch and/or create any third-party rights within the bungalow and her proper could be restricted solely to the extent of residing within the bungalow. Similarly, though your son would be the proprietor of the bungalow, he will be unable to promote, switch and/or create any third-party rights within the bungalow. This is usually completed as individuals wish to create life curiosity in favour of their partner, and create an possession curiosity in favour of their youngsters.

I’m a 33-year-old Hindu male> My spouse and I wish to know who would be the guardian for our minor son within the occasion of my sudden demise? Also, can we appoint a guardian for my son within the unlikely occasion of our deaths?

— Name withheld on request

Under the provisions of the Hindu Minority and Guardianship Act, 1956 (“Guardianship Act”), in case of a minor boy, the daddy is the pure guardian and after the demise of the daddy, the mom is the pure guardian. However, the custody of a minor who has not accomplished 5 (5) years of age is ordinarily with the mom. You as a Hindu father are underneath the Guardianship Act, entitled to nominate a authorized guardian to your son underneath your final will and testomony. However, this shall haven’t any impact for those who predecease your spouse, as in that case your spouse will develop into the guardian of your son. But in case your spouse dies with out appointing any particular person as a guardian underneath her will, then the guardian appointed by you shall prevail. In any occasion, it is suggested that you simply and your spouse underneath your respective final wills appoint a typical guardian to your son. It will be your or your spouse’s sibling(s), who you recognize will handle your little one. It is really helpful that you simply and your spouse particularly seek the advice of a lawyer specializing on this area and search correct authorized recommendation.

Hemang Parekh, Partner and Mitali Naik, Associate Partner, DSK Legal.

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