Will deed
Pradeep Kumar
(Querist) 13 July 2014
This query is : Resolved
Sir,
Recently, my Father-in-law purchased an Agricultural land near premises of Bangalore. Complete money was mobilised by his younger son who stays in US. In fact, my father in law purchased for his younger son only. Only thing is: since his younger son could not come to India, also it is an agriculture land it is registered by my Father-in-law.
Subsequently, my F-in-law has been detected with cancer and treated. The cancer is not related mental condition. God's grace, he is recovering fast and currently appear to be in sound health.
But looking at unforeseen situations (no-one can predict), as a safer side, he would like to execute the will in name of his younger son who has provided money to purchase this property. We also concur with his views. Would you kindly help in clarifying the below.
1. My father-in-law stays in Hyderabad. Whether he can execute will deed in Hyderabad in any registrar office OR he has to come to Bangalore to execute the will deed in registrar office where subject property's sale deed was registered?
2. As witnesses, whether his son-in-laws (e.g. myself) are eligible to sign the will deed
3. Whether execution of gift deed is a better option. If so, for this, all of the family members e.g. father-in-law's elder son, elder son's children, daughters and their children have to sign the Gift deed, mandatorily?
4. In case of gift deed, whether father-in-law's son (who is in US and to whom the property is to be gifted) also need to be present at Bangalore Registrar office.
Kindly Advise. Many thanks in anticipation of your kind needful sir.
Pradeep
Bangalore
Dr J C Vashista
(Expert) 13 July 2014
1. Yes it can be executed and registered in Hydrabad.
2. Yes you can be one of the witnesses provided you are competant to contract.
3. Of course gift deed would be better option and non-challangable, although it would attract stamp duty.
You must engage a local lawyer and proceed as advised, in your own interest and benefit.
P. Venu
(Expert) 13 July 2014
Further, a gift need be executed by the donor only. Signature or presence of the donee (i.e. the son ) is not necessary.
Also, other family members are not necessary witnesses, though they are competent witnesses.
malipeddi jaggarao
(Expert) 13 July 2014
1. Yes. If your father-in-law bequeathes the Will it should cover all the properties he is holding, not only the property purchased with the money of his son who stays in US. If has any ancestral property, he should share property as per the entitlement of all the legal heirs excepting this property. This property can be given to his son stating that it is purchased with his money, though registered in his name, in any case this is self-acquired property (of father) and the other legal heirs do not have any rights on this property.
2. Anybody can join as witness. If sons-in law joins it is better as it is a mitigating factor for future objections if any.
3. Instead of gift deed partition deed is better option in this case as he is not gifting any the property. He is simply partitioning the properties as per the entitlements of his legal heirs.
4. For execution of gift deed as expert Mr.P.Venu rightly advised, present and signature of the receivers of the property is not necessary.
Pradeep Kumar
(Querist) 13 July 2014
Thanks very much sirs for your comprehensive and clarity answers.
1) As Jaggarao sir says, the Will to be executed for all properties bearing my F-in-law name though current interest is for property in Bangalore i.e. Any Will need to contain all properties belongs to donor at single point of time OR could it be separately excuted based on donor's interest? I am slightly confused on Jaggarao sir's comments. May kindly confirm.
2) Yes. option to execute Gift deed is a idealistic option. We will pursue this. Currently, the process for RTC is on-going, expecting RTC in the name of my father-in-law is expected in another month time. Whether, we can go ahead with gift deed with available documents like sale deed, mutation extract, podi & akarband, while RTC issue is under progress. Please guide.
ajay sethi
(Expert) 13 July 2014
it is advisable that will mention all properties owned by testator .your father in law can execute gift deed as on date he is absolute owner of the property .contact a local lawyer
Raj Kumar Makkad
(Expert) 13 July 2014
Well advise by experts hence no more to add.
Sri Vijayan.A
(Expert) 13 July 2014
Already well advised by Experts.
Your witness shall strengthen the document.
So, if feasible sign as attesting witness in the last page of the Will.
T. Kalaiselvan, Advocate
(Expert) 14 July 2014
Execution of Will on his son's favor is one option and in that Will, you can sign as one among the attesting witnesses. The Will can be executed in Hyderabad too for the property located in Bangalore. The Will may be registered or can remain unregistered too.
Second option is by transferring the property by executing a registered Gift Deed in favor of his son. For this his other son's of siblings need not have to give their NO OBJECTION because your father in law has a perfect title on his name. Your father in law can execute the gift deed even now without waiting for other related revenue documents for possession. Your brother-in-law' presence is not required for executing the gift deed.
Pradeep Kumar
(Querist) 26 July 2014
Thanks sir for your great and clear answers. I have a Final question.
Based on your suggestions above, we decided to execute a Gift deed by my F-in-law to his son. We approached our local lawyer. He is of the opinion that 'for the Gift deed the donor (my F-in-Law) and Beneficiary (F-in-law's son) shall be present at Registration office. However, as I mentioned above my details, F-in-law's son is in US and cannot travel now for this purpose.
Would you kindly advise whether we can execute Gift deed without the presence of the beneficiary and if there are any way outs, please.
Thanks,
Pradeep
Raj Kumar Makkad
(Expert) 26 July 2014
Your brother in law can appoint his GPA by getting counter-signature of Indian High Commission situated in USA and such GPA holder shall represent him at the time of mentioned gift and he need not to come personally for that purpose.
Dr J C Vashista
(Expert) 27 July 2014
I concur the expert advise of Sh. Raj Kumar Makkad.
Pradeep Kumar
(Querist) 06 August 2014
Many thanks for your clear answers. I have a final question towards Gift deed.
1. Few experts above said that my brother-in-law need not be present while his father will be writing a Gift deed at registration office
2. Few experts said that atleast GPA holder should present.
I am slightly confused. Please help me in confirming whether beneficiary shall need to be present along with donor while executing the Gift deed?
3. We have a GPA given my brother-in-law to his father. The property owner is his father having sole ownership. In case, atleast GPA holder presence is required to execute Gift deed along with Donor then could we use existing GPA for Gift deed i.e. Donor and GPA holder both will be my father-in-law only.
Please provide your expert views as our local lawyers have different views from person to person and we are confused.
Thanks in anticipation of your valuable suggestions.
Pradeep
P. Venu
(Expert) 06 August 2014
Deed of gift is to be executed by the donor.
Raj Kumar Makkad
(Expert) 06 August 2014
Your father in law can perform both roles at the same time while registration of the gift-deed.
Anirudh
(Expert) 06 August 2014
Dear Pradeep Kumar,
Though your father in law may have many properties, it is not necessary that he should either make a WILL or GIFT all the properties.
He can select one or more specific properties for giving it through WILL or GIFT.
In this case, your father in law would like to give away only that agricultural property situate in Bangalore, which he bought with the financial help from his younger son to his younger son.
He can give that Banglore property alone through WILL to his younger son by executing a WILL at Hyderabad. The son-in-law / daughter can be the witness to the said WILL. The WILL can be got registered in Hyderabad. THIS IS THE EASIEST AND CHEAPEST MODE.
GIVING THROUGH GIFT DEED WOULD INVOLVE HUGE STAMP DUTY. BETTER AVOID IT.
Advocate. Arunagiri
(Expert) 09 August 2014
As the father is going to give the property to his son, he use the Settlement Deed.
The cost of registration will be very less.
The presence of the beneficiary who is in US, is not necessary.
