Sam-AdviseSeeker (-) 09 August 2016

Creating will document for the property in parents name

I've purchased a plot 5 years back and registered on my parents name (both father and mother).
I registered in their names to keep their fear away that I wont take care of them in their old age.
And after an year, I have taken 15 lakhs housing loan making my mom as primary applicant, my father and me as secondary applicants.
My parents are my dependants (no business). I'm paying the loan EMI for the past 4 years.
I have two sisters who are got married and settled.
Now my parents realised that this property will be shared to all 3 children (2 sisters & me) after their period.
Since I bought the property, and I built the home by taking loan, they want to give the property back to me after their period.
They wanted to make a will saying that this property has to be for my son (me) after they die.

All the original property papers are with the bank. Is it possible to make will without original papers and having active loan ?

could some one please let me know the procedure to get the will done or any other alternatives?

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8 Replies

Kumar Doab (FIN) 09 August 2016

Prefer to Register the WILL.

1 Like

kavksatyanarayana (subregistrar/supdt.(retired)) 09 August 2016

Yes. prefer to register the will. but the property will be yours after their death. otherwise go for gift deed to be executed by the parents in your favour.

1 Like

Kumar Doab (FIN) 09 August 2016

Avoid gift deed till loan is not fully paid and Final statement showing NIL balance and NOC is issued by bank and original title deed is returned.

Later Gift can also be registered.

Gift shall confer ownership with immediate effect.

1 Like

Sam-AdviseSeeker (-) 10 August 2016

Thank you Mr.Kumar Doab and Mr.Kavksatyanarayana for your valuable replies

One more favour.

1. Is registering the WILL possible when the property is under loan and without original documents ?. Someone told my parents that WILL is not possible until the loan is closed.

2. I believe the WILL has to be registered in the register office

3. Can I make use of the WILL and convert the property to my name in future after my parents peroid ?

Thanks in advance !

Kumar Doab (FIN) 10 August 2016

Who is this someone? A lawyer?

Discuss with your own counsel.

Narration of details of property should be mentioned in WILL.

After the parents WILL is to be presented to th authority under whose jurisdiction property falls.

Let a very able counsel draft the WILL.

1 Like

Kishor Mehta (CEO) 10 August 2016

Sir, A WILL may or may not be registered, it's Validity is not affected. Bank retains its charges over the property till all the dues are satisfied. A person can make WILL or gift the property, legally owned by him, even if it is pledged. Good luck, Kishor Mehta

1 Like

G.L.N. Prasad (Retired employee.) 11 August 2016

Original documents are not necessary for the will. One may even provide the copy of such will but the only precaution is to get it signed by dependable witness and it should remain as final always, and some one should not extract any other will after execution.

If possible, let sister's also sign the will though ti is not necessary as independent witnesses are enough. Let the will specifically say that it is self earned property of son, kept in the name of karta, and the family is undivided and with the condition that the property should always remain as self earned property of son only, and the purpose is only to give security for old parents.

1 Like

Kumar Doab (FIN) 12 August 2016

Agreed.

If workable/possible for you adhere to the advise made by Mr. G.L.N. Prasad.