"will" - law & guidelines
Suraj
(Querist) 19 May 2012
This query is : Resolved
Dear Experts: Hope all well.
History:
My grandfather possessed 2 immovable assets mentioned below;
a) A site and
b) A Property
This was distributed/divided among his 3 sons and his wife (grandmother). And this distribution was done after his death by my grandmother in 1986.
One of the sons received the site, and the property was divided into 3 parts between 2 sons and grandmother.
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Now:
Out of the 2 sons who received the share in the property, one son (lets name him as ‘X’, has passed away).
My grandmother now wants to sell her portion of the property. Whilst we are planning the sale, ‘X’s son and wife claim that my grandmother has already written her share of the property to ‘X’.
On further discussion, my grandmother revealed that about 10years back, ‘X’ had got her to sign some paper and later often kept telling her that she has written the property to his name. ‘X’s family are causing distress that we cannot sell the property.
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Situation:
‘X’ family are not showing us the copy of what was written to ‘X’ by my granny. The property is still in the name of my granny, tax is paid in her name at the tax office and the EC document does not show any property transactions except for the original division which happened in 1986. So clearly the property is still in the name of my granny.
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Question:
We want to write a ‘Will’ (to protect any fraudulent act by ‘X’ family) declaring that my granny wants to transfer the rights of the property to her 2 sons. So that the 2 sons can perform the sale of the property and divided equal share of the sale proceeds between the 2 sons and the deceased son’s family.
a)The property is not 4 generations old. Will there be any complications of ancestral property here?
b)Is the ‘will’ valid in this situation? What must the ‘will’ read?
c)Can we write-off all previous papers signed by my granny as at current date?
d)Should the ‘will’ be registered/attested by notary and witnessed by the doctor (given the old age of my granny)? Who do you think must be an executor, is it required at all?
e)What should be our course of action immediately?
f)Importantly, I need some solicitor’s assistance. Is anybody out here in Bangalore to take this case?
Thank you very much for reading my elaborate query.
Regards,
Fixed.
Adv.R.P.Chugh
(Expert) 19 May 2012
Dear Mr.Suraj,
A mere blank paper signed, on which it is superimposed that a person gives up his or her share to immoveable property has no sanctity in the eyes of law, it has to be registered relinquishment deed, and at the time of registration the registrar assures himself that the document was indeed executed by the executant (your granny in the present case). But you in the fitness of things to avoid future problems, file a suit for cancellation of those blank papers, and call for their destruction through a court of law to avoid misuse later on.
Your granny can also her part of the property, to add sanctity to the will get it registered - get it witnesses by an advocate and a doctor, and appointing an executor always is handy.
Feel free to talk !
ashutosh mishra
(Expert) 20 May 2012
Your grand mother is still owner and she can
very well enjoy the her share as per her choice.She can out right sale or gift the property or can dispose it off by a testamentary Will which should in the existing circumstances must be registered and among two attesting witnesses one must be a doctor testifying her mental capabilities in her old age.
Plain papers which have not come to light so far should be ignored as immovable properties can not be transferred through signatures on unregistered documents. Several defenses would be available in case
such manipulations come to light.
For advocates make a search here in the list of experts here.
Suraj
(Querist) 20 May 2012
Thank you Bharat and Ashutosh. However, can someone give me further advise regarding my questions numbered (a) & (b)? I want to know the procedure involved in registering the 'will', signed and attested by the notary.
My grand mum is aged and finds it difficult to move around, although in good mental condition.
Is it OK for me to get her to sign the 'will' and later attested by a doc and the lawyer as witness? How do I go about getting it registered?
Please share your expertise.
Thank you.
Shonee Kapoor
(Expert) 20 May 2012
Will can be registered at the local sub-registrar office by taking two witnesses along.
Witness should be witness of the signing of the testator on the will and not otherwise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Suraj
(Querist) 23 May 2012
How about having the will attested by Notary. I read this on the net.. Is it required at all.
How about the financials/cost associated with this registration?
Thanks again.
