Q.894 Transfer inherited

agricultural land in Gujarat, India

to daughter

Hello Sir, I and my three brothers are joint owners of a recently inherited ancestral agricultural / farmland in Gujarat. I have 4 daughters - one daughter lives in India and other three in USA. Only one daughter has been helping me and looking after me for many years. My daughter and I are both US Citizens. I am unable to travel to India. I want to make sure that the other three daughters do not get any inheritance rights in this land. They do want their share in this land, but do not want to help me in any respect. Apart from making a Will in USA, what else should I do to make sure that she will be the only one who will inherit this this land after my demise? Is it possible to remove my name from the inherited land document and put her name in? Thank you for your help. [Name withheld by admin] Answer: The best source for legal advice is always to consult a lawyer and I would strongly urge you to do so if you want to ensure that your interests are protected. While I cannot offer any legal advice, I do have a few comments on this subject. Even if you make a Will in USA and get the document attested at the Indian Consulate, there is no guarantee that after your demise, the Will would not be contested by the other three daughters? Since you refer to the land as inherited ancestral land, there would be nothing to stop your three daughters from contesting the Will to get their share of the ancestral property. Is your daughter be capable of defending her right to the property as per your Will, in the Indian courts where such cases may drag on for several years of litigation? In my opinion, one course that may be considered would be to sell your share of the land during your lifetime, perhaps to your brothers or a third party and then do what you like with the sale proceeds.