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Indian Law/Property Transfer to Minor son of 1st Wife

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Question
Hi Experts,

I am in a rare

situation.My first wife

expired and with her i

have a son (Minor).
During that period we

have purchased some

property.After that I got

married.My 2nd wife is

not taking care of my son

and me.I do not have any

kids with 2nd wife.
My Query is : How can i

transfer all my Property

to my Minor son.Even

later period if Divorce

happens it should not

impact / distribution of

property.

Please help.

Answer
Dear Karthik
In your case as the property is self acquired, you can very well transfer the same in whose ever name so you desire, your son included and your wife cannot claim any right over the same. But to transfer a property in the name of a minor has it's own complications as you will not be able to sell the property as and when you require as you will need the court's permission before you sell the same and under the strict guidance of the court until the minor child becomes major. Hence we always advice our client against transferring or acquiring any properties in a minor's name if the same can be avoided  

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Advocate Manoj Ambat

Expertise

I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

Experience

I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

Organizations
Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

Publications
My blog (http://manojambat.blogspot.in/) Facebook ( https://www.facebook.com/manoj.ambat) Twitter (http://twitter.com/#!/manojambat)

Education/Credentials
BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

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Individual clients and companies

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