Transfer of property
Lakshmydevi
(Querist) 12 November 2013
This query is : Resolved
My cousin ,NRI American Citizen, purchased a flat jointly with his father in law in Chennai and the flat was registered as joint property . Unfortunately my cousin passed away due to a terminal illness in USA. He left a will in favour of his wife in USA leaving all his belongings movable and immovable to his wife . Both my cousin and his wife are NRIs holding American Passports with two minor children.
The will written in USA is it valid in India as per local laws. Father in law wants to register the whole flat in favour of his daughter in USA. What is the legal procedure to have this executed . What is the share of the father in law in the property that has to be assigned to his daughter. How to transfer this share to his daughter and what is the legal procedure. In as much as the main title holder is no more how to go about executing this. Can a settlement deed be an option. If so how to go about.
Please let me have your expert opinion on this issue
Devajyoti Barman
(Expert) 13 November 2013
One can always transfer his share by way of gift deed.
Gift deed is better option than a settlement deed.
Lakshmydevi
(Querist) 16 November 2013
Dear Sir,
Thanks for the response and your advice that Gift deed is better option to transfer the share. I have the following queries
1. In this particular case as my cousin is no more, how to have the gift deed executed.
2.In as much as there is a will executed in USA how to use this will for the property in India.
3. Further as there is no mention of the share of property in the registered document is it assumed that the share of property of my cousin is 50% and that of the father in law balance 50%.
Could you please enlighten.
Thanks in advance
Phani Kumar. D
(Expert) 18 November 2013
In this case, Will is valid even it is executed in USA. But the property details should be mentioned clearly in the Will (ie., properties situated in India). As per Hindu Succession Act. Wife, Children and mother are the Class-1 Heirs. Father is comes under Class-II Heir. Hence he has not right to register the property which belongs to his deceased son. As per Law in India the deed of Will should have two witnesses and no compel to register.
