Registered will and registration of property
KGMKGMKGMKGM
(Querist) 20 June 2014
This query is : Resolved
Query:
If there is a registered will to transfer property in name of child from his father, my question is whether it is further required to register property in child name.
Please advise and guide to ensure child owns property in his name without any issue.
If yes, what is the procedure and applicable fees/taxes/duties if any
Thank you
regards
uttamtibrewal@yahoo.com
(Expert) 21 June 2014
Mahshwari jee.
In ur case The WILL need to be PROBATED and then only the property title can be transferred ... once the probate is made the names need to be transferred only in govt records ... NO further registery is required....
for any query or help contact me at uttamtibrewal@yahoo.com
uttamtibrewal@yahoo.com
(Expert) 21 June 2014
Mahshwari jee.
In ur case The WILL need to be PROBATED and then only the property title can be transferred ... once the probate is made the names need to be transferred only in govt records ... NO further registery is required....
for any query or help contact me at uttamtibrewal@yahoo.com
uttamtibrewal@yahoo.com
(Expert) 21 June 2014
Mahshwari jee.
In ur case The WILL need to be PROBATED and then only the property title can be transferred ... once the probate is made the names need to be transferred only in govt records ... NO further registery is required....
for any query or help contact me at uttamtibrewal@yahoo.com
uttamtibrewal@yahoo.com
(Expert) 21 June 2014
Mahshwari jee.
In ur case The WILL need to be PROBATED and then only the property title can be transferred ... once the probate is made the names need to be transferred only in govt records ... NO further registery is required....
for any query or help contact me at uttamtibrewal@yahoo.com
uttamtibrewal@yahoo.com
(Expert) 21 June 2014
Mahshwari jee.
In ur case The WILL need to be PROBATED and then only the property title can be transferred ... once the probate is made the names need to be transferred only in govt records ... NO further registery is required....
for any query or help contact me at uttamtibrewal@yahoo.com
KGMKGMKGMKGM
(Querist) 21 June 2014
Hi Uttam ji / All those reply,
Thank you for your reply. Not sure why it requires to be probated when the will document is already registered by the owner itself. And the owner is alive.
Thus, my question remains there when there is a will then how do we transfer the title to the transferee.
It is possible that I could not understand your reply thus please elaborate
Thanks & regards
Anirudh
(Expert) 21 June 2014
Dear Mahshwari,
There is a habit here - the querist does not reveal full facts - the experts do not seek full facts before giving answers!
If the person who owns the property is alive, the WILL (whether Registered or unregistered) will have no effect, so long as the owner is alive. It is only after the death of the owner the WILL will come into force.
Depending upon whether anybody else is challenging the WILL or not, the question of getting the WILL probated will arise.
T. Kalaiselvan, Advocate
(Expert) 24 June 2014
I agree with expert Mr. Anirudh's views to the subject query. If the testator of the Will is alive, where is the question of the property bequeathing in favor of the beneficiary? The Will whether registered or unregistered will not come into force at all then how will the beneficiary claim the property? Please give reasons for your anxiety.
KGMKGMKGMKGM
(Querist) 24 June 2014
Thank you all for providing answers to my query.
