Interpretation of will
Advocate Sastry
(Querist) 15 October 2012
This query is : Resolved
We are Two brothers and One sister. My
mother was having four residential flats in her name. Prior to her death she had executed a registered will... She has given one Flat each to us and the for the fourth flat she stated that it should belong to all the Three (two brothers and sister). She had put a condition that the said flat cannot be sold to outsiders. If at all to be sold it should be valued and one of us should take it by giving proportionate amount to other two.... Under this condition can a gift deed be executed by two brothers in favour of the sister with out any consideration...Will there be any objection by our children for such gift deed since the property is of their grand mother.
Devajyoti Barman
(Expert) 15 October 2012
Since there is no restriction of transfer among her legal heirs, rest of you can gift the same to any of you.
Willed property is considered as self acquired property and hence her grandchildren have no say in it.
Advocate Sastry
(Querist) 15 October 2012
Sir, Thank you for your clarification... If I receive the property as Gift, can I transfer same as a Gift to my daughter and can she sell the flat to any outsiders which was infact prohibited in the will.
Bhawani Mahapatra
(Expert) 15 October 2012
Mr. Sastry
As the fourth flat is now jointly owned by you three, on the strength of the regd. will, you two brothers can execute a deed of relinquishment in favour of your sister too. After that she will become the exclusive owner of the said property.
Devajyoti Barman
(Expert) 15 October 2012
Yes once you become its owner in full share thereafter you can gift the same it to your daughter who in turn can transfer it to anyone of her choice.
