There is no restriction under the ( Hindu Succession Act -1956, or under the Indian Succession Act-1925), to the persons to whom a Hindu or Sikh Might bequeath his or her possessions.
You, throughout your life, make confidence and settle your property from the belief in that you and your sons are beneficiaries
I’ve got three sons however I would like to leave my property in the name of among my sons. I do not want my son or his wife (who is actually in the act of divorcing him) to commence any legal struggle with my two sons over my property after I expire. It is my property, and I didn’t inherit it. What if I do to avert any disputes?
I’m presuming you are Hindu or Sikh and ergo you will be governed by the Hindu Succession Act, 1956. As per Section 30 of this Hindu Succession Act, 1956, a Hindu or Sikh can disposal of by Will or other testamentary dispositions any land which is capable to be arranged of by him or her, in agreement with the terms and conditions of the Indian Succession Act, 1925, or some other law in effect that is pertinent to Hindus or Sikhs.
Therefore, you can throughout your Will, bequeath your assets in favor of a particular person or persons, and you can bequeath your premises to both sons. You may also say the grounds for excluding a person to eliminate the possibility of a struggle to this Will on the ground of fraud, coercion or undue influence.
You may also, through your life, make a trust and settle your property from the confidence in which you & your sons are beneficiaries. However, in the event the determination is built for the sole benefit of one’s sons, and they’re both”competent to contract”, then, pursuant to Section 56 of the Indian Trust Act, 1882, then they would have the right at any time to ask the trustee to transfer the trust property to them or a person of their own choice. If this happens, the trust can come to an ends. There fore, it is advisable that you should also be a beneficiary of the trust throughout your lifetime. You might also provide in the trust deed that throughout your life only you’ll be eligible to enjoy the advantages of the trust property and also that after your passing, both sons will soon be eligible for the benefits, including the freedom to complete the trust and distribute the trust property between these.
The trust deed Will Need to include such details especially:
(I) the trustees
(iii) purpose of this trust
(iv) intention to create confidence
(v) Trust land that is to be moved from you to the trust during the time of creation of confidence. Additionally, seek independent tax advice to be sure that the arrangement may be your most tax efficient.