Nitesh (Jr. Works Manager) 03 October 2014

Property will or power of attorney

Hello everyone,

let me give you a short brief about my query.

My father died jan 2014, all the property of our family is in name of my grandfather which includes property in my native place (Uttarpradesh), small property in Mumbai, maharashtra (2 diff states).

Now my grandfather wants the family property to be transferred to my name, being his only grandson after his death.

In view of above my question is what will be appropriate, (i) should i make a will for transfer of above property (ii) should i make a power of attorney or (iii) Being his only grandson the property will be transfer automatically to me without any legal hindrance.

You are requested to advise me on above, also if possible refer me a good property lawyer of mumbai that will guide me in above matter.

Thanks and regards.

Nitesh Singh

Jr. Works Manager (B.E. Electronics)

Reply Follow

4 Replies

Dr J C Vashista (Advocate) 04 October 2014

Let it be gifted to you.

Kishor Hajare (Advocate) 04 October 2014

Dear Nitesh,

My advice will be to take gift deed of property from your grandfather since he is very much alive.

The Power of Attorney shall elapsed/terminated on the death of the Principal and in reference to will, the will comes into effect only upon the death of Person who makes the will. So, nobody estimate, in future, who's who will come forward and claim into the property. Even you can go for the release deed whereby your grandfather will release all his right, title and interest unto you.

So either gift deed or release deed is a good option.

Regards

Mr.Kishor Hajare

Advocate Mumbai High Court

9930647734

Advocate Ravinder (Advocate/Attorney) 04 October 2014

Your Grand father has two options (1) Will deed (2) Gift deed. But gift deed is best one, because you get the title immediately. Whereas by will you will get the title only after the death of your G.F. There are chances that there may be some difference between your family and your GF may change his decision to modify the will and remove your name in the will. For further doubts call me 7893011777 or ravinder2345@gmail.com.

T. Kalaiselvan, Advocate (Advocate) 09 October 2014

The best option before you is to get a registered gift deed executed by your grandfather in yur favor at both the places, i.e., in UP and Mumbai, this will safeguard your interest in the property in a proper manner so that there wont be a claim by anyone in the later stage.