Transfer of property

sunil (Querist) 15 March 2014 This query is : Resolved
My Grandfather had executed a will in the name of his two son out of his total three sons,as on date my grandfather is no more(living behind the will which now came into existence),Now that two sons wants to include the 3rd son (his brother) into the ambit of will or to distribute the property equally among all three.

Please advice how it can be done, also advice can it be done without paying the stamp duty or lesser amount of stamp duty which is being paid in general.

Thanks
Sunil

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prabhakar singh (Expert) 15 March 2014
If the will is unregistered just tear it and succession law shall give equal to all else registered GIFT by two brothers would be required which shall attract stamp duty also.

An other way can be a law suit of cancellation of Will by non beneficiary brother where in a compromise can be entered to the effect that Will is of no force and
all brothers are heirs.

sunil (Querist) 15 March 2014
the will is registered one, is there is any other alternative apart from gift deed that will attract lesser stamp duty or no stamp duty.

prabhakar singh (Expert) 15 March 2014
SUIT OF CANCELLATION OF WILL BY NON BENEFICIARY BROTHER WOULD BE THE BEST WAY.

sunil (Querist) 15 March 2014
Is the relinquishment deed can be a alternative.

prabhakar singh (Expert) 15 March 2014
No is a flat answer from me because he is excluded by will and is not co sharing.

Here is a matter of giving him,hence gift.

sunil (Querist) 15 March 2014
Thanks Sir
Sunil Malik
9871633013

sunil (Querist) 15 March 2014
Sir can u provide me your no.

ajay sethi (Expert) 15 March 2014
agree with prabhakar siinghji

Guest (Expert) 15 March 2014
Agree with Shri Prabhakar Singh ji.

Rajendra K Goyal (Expert) 15 March 2014
Well advised by the expert prabhakar singh ji, suit for cancellation of will by non beneficiary brother and compromise later would be better way.

T. Kalaiselvan, Advocate (Expert) 16 March 2014
The brothers can amicably partition the property among themselves ignoring the fact of the existence of Will.

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