Property will
Raman
(Querist) 04 December 2013
This query is : Resolved
HI,
My name is Raman Sharma. I need a property advice. We stay in a GDA flat in Ghaziabad which is on the name of my Grandmother, who stays with us. She is aged and cannot walk properly or go anywhere. What do we have to do if something happens wrong; I would pray it should happen, how the property could be directly transferred to my father's name. My grandmother doesn't have any will and she is not literate as well.
Please advice what should we do?
Is there any procedure by which my father can go to the court or GDA to create some kind of affidavit or If we create a statement or paragraph which will say that after the owner (my grandmother) my father will be the 100% owner of this property? My grandmothe is ready for all this.
Please provide me your helpful suggestions.
Thanks,
Raman Sharma.
ajay sethi
(Expert) 04 December 2013
she can make a will . she can affix her thumb impression on said will in front of 2 witnesses . the contents of will can be xplained to her before she affixes her thumb impression
Advocate M.Bhadra
(Expert) 04 December 2013
If your father is only son of your grandmother and her husband(your grandfather) is pre-decease then your father would obtain absolute on her death,no need to execute a DEED or WILL.If she has other son/daughter then she can execute a Deed of Gift absolute(100%) in favour of your father during her life time and others son/daughter can not oppose the same. If she does not want to gift then she can left a WILL as a beneficiary of your father as absolute of her property,in the event your father have to file a Probate Case on her death to grant of the WILL in a Court of Law to notice others if any.So,Gift Deed is best option to became an absolute owner.
Rajendra K Goyal
(Expert) 04 December 2013
Well advised by the experts, nothing more to add.
Guest
(Expert) 04 December 2013
In normally such circumstanced if you plead with the Registrars they would be kind enough to visit your house for Registrations.The advise of Gift Deed is perfect as well as execution of Will also perfect.Still I intend to suggest that you could get a Settlement Deed executed by your grandmother to your father.For SettlementDeed there is only standard fees which would be less than Rs30000/-irrespective of property value and much lesser than the stampduty of GiftDeed and there is no future issues like Probation etc as in the case of a Will.Choice is yours Unlike will your father will be the absolute owner with immediate effect.
R.K Nanda
(Expert) 04 December 2013
agree with experts.
Raman
(Querist) 05 December 2013
First of all, thanks to all for your suggestions.
Mr. Bhadra, my father is the only child of my grandmother and it's been more than 10 years that my grandfather is deceased. So, as you suggested, in this case my father does not need required any will written by my grandmother in order to transfer the property on his name after my grandmother?
And will it help, if she can make a will on a stamp paper. she can affix her thumb impression on said will in front of 2 witnesses without going to the court? and we can explained the contents of the will to her before she affixes her thumb impression.
Please suggest.
Thanks,
Raman Sharma
ABDUL RAZIQUE
(Expert) 05 December 2013
According to the Section: 18 of the ‘Registration Act, 1908’ the registration of a Will is not compulsory. Once a Will is registered, It is a strong legal evidence that the proper parties had appeared before the registering officers and the latter had attested the same after. The process of registration begins when a Will instrument is deposited to the registrar or sub-registrar of jurisdictional area by the testator himself or his authorised agent. Once the scrutiny of Will instrument is done by the registrar and registrar is satisfied with all the documents then registrar will make the entry in the Register-Book by writing year, month, day and hour of such presentation of the document and will issue a certified copy to the testator. In case if registrar refuses to order Will to be registered then testator himself or his authorised agent can institute a civil suit in a court of law and court will pass decree of registration of Will if court is satisfied with the evidence produced by the plaintiff. A suit can only be filed within 30 days after the refusal of registration by the registrar. If the testator willing to withdraw the Will after the process of registration then a sufficient reason has to be given to registrar, if satisfied he will order for the registration of Will.
Thyagarajan
(Expert) 06 December 2013
I agree with Expert Mr. Narasimha . Get the registrar to pay a visit to the residence. You can have one to one talk than going through circuitous route involving third parties.
Raman
(Querist) 09 December 2013
Thanks a lot for you advices.
