Will
Querist :
Anonymous
(Querist) 30 September 2011
This query is : Resolved
Dear Experts,
I am living with my mother along with my wife & kids in my house. My house was previously own by my father but his death it was to transferred to my mother's name & recently my mother transferred it in my name. My house is a actually rented house as it is own by Govt of Maharashtra. We are the tenants (we can sell & purchase the house).My mother has made will duly registered in my favour stating the present house will be in my name post her demise before marriage around 11 years back. I have three siblings comprising two elder brothers & one elder sister. I am the youngest among the siblings. My eldest brother is separated from us 20 years back after his marriage when my father was alive. My father had help him buy his own house which he denies now. My father expired in Jan 1997 within one year after my elder brother's marriage.Soon after my father's death my elder brother also left us (me & my mother) & started staying separately. My mother help him with some money for buying his own house. Then my mother & mother started living alone in our house. I had to discontinue my Law studies & took a job in accounts dept in pvt co.My brothers never bother to look after us. We were managing our own finances. I got married seven years back on my own without help of my brothers as my father had spent money for their wedding.My brothers are now asking me to give them their share in the house. Since my mother is still alive & had made registered will 11 years back. Can it be challenge in the court of the law by brothers. My sister is in my favour.
PLEASE ADVISE ME
ajay sethi
(Expert) 30 September 2011
any one cna challenge will . your mother is still alive . in will of your mother mention details about how she ahs helped her elder son in buying flat of his own and as such she is not giving any share in flat to him, .
further for sisters mention amount spent on thei wedding etc .
in case after your mother death they challenge will they wont succeed.
in alternative your mother can gift flat to you while she is still alive by executing deed of gift
Shastri J.K.
(Expert) 30 September 2011
I agree with mr.ajay sethi .
Sankaranarayanan
(Expert) 30 September 2011
yes instead of making will , you follow the suggestion of mr ajay sethi. The will is only helpful to you after your mothers era.
So better to settle the prob by gift deed
prabhakar singh
(Expert) 30 September 2011
Among all documents normally will is weakest
to bank upon.In Mumbai,after death of your mother it will require to be probate /or letter of administration ,then expenditure saved to day will be born as court fees.
The best way out in your case is that as you state your right in flat is a transferable one,if you can just afford stamp duty,better GET THE HOUSE GIFTED TO YOU BY YOUR MOTHER BY A REGISTERED DEED WHICH SHALL MAKE YOU OWNER OF THE HOUSE JUST IN LIFE OF YOUR MOTHER AND THERE WILL BE LEAST CHANCE OF YOUR BROTHER'S SUCCESS EVEN IF HE CHOOSES TO LITIGATE WITH YOU AFTER YOUR MOTHER'S DEATH.
R.Ramachandran
(Expert) 30 September 2011
Since you say that "we can sell & purchase the house", and Mr. Ajay Sethi who is quite well versed in these matters concerning Mumbai properties is also seems to be agreeable with the correctness of the said statement, the best way to secure the flat in your name is to get it "Gifted" by your mother to you. Ofcourse, 'gift' will involve stamp duty on the value of the property. You have to know whether your purse will permit such expenditure. Otherwise, as an alternative you have to get a WILL executed and REGISTERED by your mother clearly stating the reasons why she is giving it in your favour rather than her son / daughters.
Querist :
Anonymous
(Querist) 30 September 2011
Dear Sirs,
My house is not in the society. It is in the chawl in Mumbai city. I have mentioned that the Govt of Maharashtra is the Landlord of the house. I am the tenant. Post redevelopment of the chawls we will get extended area with ownership of house. At this moment we paying rent to Govt & we can not sell or purchase the house on the paper in the chawl as it is owned by Govt.Though sale it or buy it without consideration on the paper by transfering the tenancy.There was grammatical mistake in my mail. Please pardon me for that
