Is there any problem in the will deed
Ramila
(Querist) 24 July 2014
This query is : Resolved
My Father 72 yrs old, having health issues. and hence would like to write "will deed' about the house property , where he is staying. we are 5 sisters and 1 youngest bro. The property is self earned by my father. After my father's time and mother's time, the property should go to my youngest sister as we most of us agreed. Writing this in the will deed , will it be sufficient ? or should we have to sell it to her now itself, if yes then we want our parents to be in that house till their time. kindly guide us. Thanks Ramila
Laxmi Kant Joshi
(Expert) 24 July 2014
Your father can make a registered will in the favour of your younger sister , and give enjoyment right to his wife in that property till her life and attest his will by two witnesses with their sign and complete address , after the demise of your father , help your sister to execute the will in her favour.
ajay sethi
(Expert) 24 July 2014
your father can execute will in favour of his youngest daughter . have it attested by 2 witnesses . enclose doctor certifcate regarding his health . have will registered
Raj Kumar Makkad
(Expert) 24 July 2014
Your grandfather can also relinquish the property in the name of your parents as desired even during his life time.
Ramila
(Querist) 25 July 2014
thank you so much for your kind response. One more clarification. If the will is registered in favor of my youngest sister , after my father's time, while we execute the will, is there any provision for my other sisters or brother to fight against the registered will? kindly guide us to make it more safer.
Thanks
Ramila
Ramila
(Querist) 30 July 2014
Waiting for your kind response on the above clarification. thanks Ramila
Sudhir Kumar, Advocate 
(Expert) 30 July 2014
Every will is meant to be challenged on several grounds. But registered will cannot be challenged easily on the ground of authenticity.
Raj Kumar Makkad
(Expert) 30 July 2014
Though will can always be disputed on various grounds but a registered will attains more reliability than written on simple paper.
T. Kalaiselvan, Advocate
(Expert) 31 July 2014
For executing a Will, the testator should have valid title over the property intended to be bequeathed through the Will, if so, the beneficiaries can inherit the property acting upon the Will, however if there is any objection, the Will be probated through a court of law for perfect acquisition.
Ramila
(Querist) 01 August 2014
Thanks for your kind responses! If the registered will can be challenged later then is it better to go for handing the property through Gift deed? what are the things required for gift deed and what problems can be foreseen in this case? Thanks in anticipation!
T. Kalaiselvan, Advocate
(Expert) 01 August 2014
The Will whether registered or not, if objected to, it has to be probated through a court of law then only it can be acted upon.
Raj Kumar Makkad
(Expert) 01 August 2014
Gift-deed requires stamp duty which varies from State to stat and moreover donor loses his rights in the gifted property immediately on gift whereas in the case of will, no stamp duty is required, the testator remains owner til his life and he can even change his change as many times as he wishes.
Laxmi Kant Joshi
(Expert) 02 August 2014
if you all sisters and brother are agree to transfer the property in the name of your younger sister then registered will deed is the best option, you can save stamp duty charges in this option , but if you think anyone of the sister among you or your brother can raise the objection against the will then the other best option is registerd gift deed, nobody can challenge it , it can be done during the lifetime of your father, the loss of the gift deed is you have to pay 1% stamp duty on the total valuation of the property on the circle rate of that area and 2% registration charge of the total valuation of the property as per circle rate not exceed to say 10500/- (it differs to state to state) , another loss your father will loose his rights immediately after the gift deed and also can not cancel it not can amend it , your sister will become owner of the property during his life time.
Ramila
(Querist) 02 August 2014
Thanks for all your kind responses.
