Property Rights
Querist :
Anonymous
(Querist) 06 January 2011
This query is : Resolved
Hi
we have a shop in the joint name of my mother and father mother is 1st holder and my father is 2nd holder my father has been expired without any will or nomination but before that we have made a simple notatary before magistrate stating the owner of the shop myself in the event of his death and my mother as the first holder of the shop has made a registrated will nominating myself for the entire shop my mother will is not a problem but can my father statement written on a simple stamp paper favouring myself as the owner be enough for the transfer of the shop in death as we are 3 children (myself & my 2 sisters)?
H.M.Patnaik
(Expert) 07 January 2011
In case the declaration of your father is in the line of a WILL and properly witnessed, the same can be treated as an
Unregistered WILL and probate will be necessary for executing the same. Alternatively,in absence of a WILL,the property in question being the self- acquired property of deceased father, your mother will be the legal heir along with the children . in that casemother can transfer her proportionate right in favour of you.
