I bought a house in my wife’s name in 1988. I used my savings for the purchase and the house is self-occupied.
My wife passed away earlier this year, leaving behind two sons. Our younger son is mentally challenged and I would like my elder son to inherit the house after my death. I am 80-years-old and would like to know how to go about this? Do I need to transfer it via a Will?
H. Narayanan
Chennai
On the demise of your wife and in the absence of a Will, you and your two sons will inherit the property in equal shares. If your intention is that your elder son should own the property independently, you may consider adopting the following steps: you can make an application to the court for appointing yourself or any other competent person as guardian of your younger son. Thereafter, his share can be transferred in favour of the elder son by the guardian after obtaining permission from the court. The conditions imposed by the court for such transaction have to be complied with. In respect of your one-third share of the property, you may either write a Will or execute a deed of settlement in favour of your elder son. Please consult your lawyer and take necessary steps in this regard.
