sowmyakam
11 October 2015 at 19:54
Hi,
I would like to know the validity of a will which is created by my mother in the name of my brother (India citizen) and myself (NRI) for self earned property (small house, a bank a/c and deposit).
The will is signed on a Rs100/- stamp paper purchased during 2008, but the will was created and signed on 2013, remains unregistered to date, with the no witness sign on the will. Based on this information would like to clarify a few things.
Does this stamp paper purchased during 2008 hold good for writing a will which was signed during 2013 ?
Does the will require witness signatures to be valid ?
Does the will required to be registered or taken to notary to be valid ?
Would my mother require to create a new will ?
Can my uncles or relatives or neighbours who are not listed as beneficiaries sign as witnesses on the will dating 2013 ?
How much would it cost for getting a new will done and getting it registered, if this would not serve the purpose ?
edit1: (updated based on some of the responses.)
Is it best for her to create a will or gift deed in the name of both the children ?
Can a gift deed be created on a stamp paper of Rs100/- ?
What are the tax implications (or stamp duty) in both the cases (gift deed or will) in case of demise of the testator of the will ? Which is more recommended ?
Will the beneficiaries (myself NRI and brother Indian citizen) require to pay stamp duty or taxes during the time of transferring the property after the demise of the testator of the will ?
I would greatly appreciated any advice, suggestions and responses, many thanks in advance.
Thanks,
Sowmya K
vinodkumar
11 October 2015 at 19:23
I AM JUNIOR LAWYER, IN ONE CRIMINAL MATER IPC, 406,420,409,114 FIR LODGE IN DT 29/6/2013, AFTER VERY LONG PERIOD NO SINGLE PERSON ARRREST BY POLICE, ALL ACCUES ARE GOVERNMENT SERVANT, THE INVESTIGATION IS SILENCE TILL 16/3/2015, ON THAT DAY THE POLICE ADDED IPC SEC 465,467,468,471,120B,477D, AND THEN AFTER 5 PERSON ARE ARRESTED AND POLICE FILE A CHARGSHEET AGAINST THEM,AND THEY ALL ARE ON REGULAR BAIL, AND 4 PERSON SHOWN YET TO BE ARRESTED IN CHARGSHEET COLUMN NO2, NOW THE ONE ACCUSE WHO IS SHOWN YET TO BE ARRESTED IN COLUMN NO 2, IS SURRENDER BEFORE THE JMFC COURT, AND THEN AFTR POLICE GET REMAND OF 1 DAY FOR THAT ACCUASE, AFTER COMPLETION THE REMAND PERIOD POLICE ADD NEW SEC ANTY CORRUPTION AC 1988 SEC 13D FOR AGAINST THAT ACCUSE AND FILE NEW APPLICATION FOR REMAND IN SP.SESSIONS COURT ACB FOR ONLY FOR THAT SEC ACB13D, IT IS PERMISSABLE BY LAW AFTER FILE A CHARGSHEET, AND MAIN ACCUSE CLASS 1 GOV SERVANT ALSO RELESE ON BAIL, WITHOUT COURT PRIOR PERMISSNT THEY CAN DO IT? PLS SOLVE THIS PROBLEM BY RPOPER ADVISE?
sunil kumavat
11 October 2015 at 19:04
Res. Sir,
i have some FD with A SHAKARI PAT SHANTHA. due to some reason the Shantha is not able to return my FD and Intrest earned on it.
i have send leagel notice through lawyer and filed a police complaint also. but they just told we will give u once we recover money. but since last 1 yr. they have not given me any money.
please guide.
i read in news paper that someone in similar case has got his investment through Consumer court .
shall i approach Consumer court for effective action on this .
please give ur valuable guidance .
thanks
sunil
NareSh
11 October 2015 at 18:57
I'm working in a company and gave resignation through mail and same was accepted. As per employment contract it was mentioned that "employee is having liberty to give notice period of 3 months or pay in lieu of"
But I want to serve for a week and ready to pay for the remaining period, the same was not accepting by my employer.
In this situation what I have to do
girish
11 October 2015 at 18:54
Respected advisers.. I have purchased a commercial property on Aug.2014 in Banglore, there is a small typing mistake in deed as 42* 37 FTS but it must be 42*37 MTS but later in next line it's described properly as 5097.12 sqfts .I have all Supporting documents to say its metres .I need to rectify it I informed the sold person but his family as separated so he is not able to gather them all for sign ...how can I solve this problem ..because I am going for mortgage loan against this land .plz advice me
Giridhar Shettigar
11 October 2015 at 18:18
Dear Sir,
In our Housing Society, the penalty was imposed for non-attending the AGM, SGM and Election meeting in the AGM held on 30.08.2015.
My query is, the penalty imposed on not attending Special General Meeting is legal?
kindly Suggest.
Azimurrrehman Ansari
11 October 2015 at 17:49
Can the wife file Domestic Violence after the two and half years of the incident and she is also residing separately since the matter took place. She is also not having any medical proof.
Gurjeet Singh
11 October 2015 at 16:02
I use e wallet like paytm ,mobikwik etc.
One of the wallet service provider locked my account having Rs 7000 & demanded KYC documents.
I submitted it within 2 days but no action taken till one month
I wrote to their nodal officer who says they had not recieved for which i have mailed them
After quoting date &contacting customer care daily they get it & unlocked it after 1 month.
After unlocking I find zero balance in my account
On contacting customer care they said yoi have no balance in your account
Filing ticketa with them again & again they accepted that there was balance but claimed it to be tfd to my account
I checked all my accounta but found no payments
Again contacting them they said sorry we will transfer it to your account within 15 days & finally then I got it.
after 3 months of regular fight, I got my money
Now I have already filed consumer case against them
I want advise regarding whether there ia some possibility of making them pay penalty or fine to me.
& if then how much
& on what grounds???
Bhika Reghiwale
11 October 2015 at 14:57
The
Experts
Is there any specific time limit for issuing the legal notice to defendant by plaintiff from the date of cause of action , before filing a civil suit ? If any rule please quote.
Thanks !
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Licence or tenant
My grandfather A permitted, his younger brother B to enjoy residing in a separate portion of his house in 1964. This was just a verbal agreement that whenever ‘A’ or his successors needs the said portion it will be vacated and handed over to A’s family. No rent, nothing.
In the year 1973 B passed away. Meanwhile in the year 1979, the local municipal authority mistakenly put the house tax of the said portion against the name of B’s wife BW. This was corrected after the series of written objections by A, from the year 1979 till 1989. In 1989 the house tax of the entire property was restored back in the name of A. In the year 1993 BW passed away, after which B’s son BS and his family kept enjoying their stay in the said portion.
My grandfather A and BS, both passed away in the year 2010. House tax of the entire house was transferred against my grandmother’s name. In the year 2011 govt of Uttarakhand introduced a free-hold policy to get the property freehold. My grandmother applied for the same, which was objected by the grandson of B in Jan/2012. And later in 2013 B’s daughter-in-law applied for the freehold of the said portion.
Now we wish to get the said portion back from them, what should we do? If going to the court is the option then under which act? What should be our plea?