Registration of property vide gift deed or by wiill
Querist :
Anonymous
(Querist) 20 January 2019
This query is : Resolved
i am eldest son of family ,my father expired 1 years back and i am looking after my bed ridden mother 78 years old ,the property was in joint name of my mother and father i have two brothers younger to me my mother is not in sound state and can not go to registrar office to gift deed the property in my name the best option available to me is via will deed i am informed both the brothers asking their opinion on my taking the property from my mother via will deed but both are not responding kindly advise in such circumstances what are the options available before me to get the property transferred in my name
kavksatyanarayana
(Expert) 20 January 2019
As the property is in the joint names of your parents. Your mother is not in sound mind. And your father and mother have equal rights over the property. So in an amicable way decided it with other elders/well wishers of your family. otherwise, your father's half share will be divided in 4 equal shares to you, your mother, and two brothers. As your mother is not sound mind, her guardian shall come to Registrar office on behalf of her. if no guardian, you have to approach court for appointment of Guardian to your mother. Then your mother half share you may get as decided by her guardian.
Dr J C Vashista
(Expert) 22 January 2019
1. All brothers and mother have an equal share in 1/2 of the subject property during the life time of your mother.
2. When your mother is not is sound deposing mind and health the property bequeathed through her will is bound to challenge and upheld, i.e., declared as null and void.
3. An anonymous author may not expect valuable obligation of experts as per rule of this platform, disclose your identity.
4. It would be better to consult a local prudent lawyer.
A. A. JOSE
(Expert) 23 January 2019
I too endorse the views expressed by learned experts hereinabove. Better, go for a amicable resolution involving all your brothers/legal heirs and elders.
