will
Querist :
Anonymous
(Querist) 17 December 2010
This query is : Resolved
dear sir
i want to know regarding will
my mother owns a property & want to transfer it to me & not to shared by other brothers & sister
kindly advise how can it be done
regards
deepankar
R.Ramachandran
(Expert) 17 December 2010
Dear Mr. Deepankar,
If it is the absolute property of your mother she can definitely give it through a WILL to anyone that she likes. In this case she can give the WILL in your favour and exclude all your brother(s) and sister(s) from the benefit.
BUT having said this, one must also keep it in mind that your brother(s) / sister(s) may definitely challenge the WILL as having been obtained by fraud, undue influence, coercion, pressure, threat etc.
Thereafter you have to defend the same and obtain the order in your favour.
It is one thing to say that 'Yes, your mother can give a WILL in your favour.' But it is altogether another thing to ensure that the WILL withstands any challenge in future.
Therefore, please consult any local lawyer. After assessing the exact factual situation he would advise you in this matter.
Uma parameswaran
(Expert) 17 December 2010
If your mother is willing to give you her property through WILL, she can do it with out the permission of other legal heirs . She can execute the WILL and register it.But consequences may arise in future as told by Expert R.R.
Advocate Rajiv Mishra
(Expert) 17 December 2010
you can say ur mother to execute a gift deed in ur favour.
niranjan
(Expert) 17 December 2010
Or sale deed.
Devajyoti Barman
(Expert) 17 December 2010
To aoid the future complication, if any. while tryiing to probate the Will it is better to execute a Gift deed in favour of the donee.
s.subramanian
(Expert) 18 December 2010
Gift is a transfer inter vivos and the safest. Go in for it only to avoid future complications.
