jayshree (Inspector) 10 October 2015

Father's will

Respected Madam, Sir

My uncle died and left his registered will in his wife's name, regarding will implementaion I have following queries.We are in Maharahstra-Pune

1) In will uncle gave his own(aquired) house and bank ac balance to his wife. she made affedavite as per Talathi's requirment and submiited to talathi office and aunt got 7/12 in her name. now where to need other registration that house owner is changed?

2) after 1st wife' death uncle got married to my aunt. uncle have 1 married (in1989) daughter from his 1st wife and now she threaten aunt for property and cash. She has any right to get share on money and house?

3) aunt wants to make gift deed, what is the procedure and fees in pune. MH

4) Before making gift deed, which documentaiotn we have to make ready.

Please guide us in this regards, it is little urgent.

Thanking you with best regards.

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4 Replies

Kumar Doab (FIN) 10 October 2015

If the WILL is valid and given effect then it was not under cloud.

Usually the authority under whose jurisdiction the property/house falls asks for advertisement in two newspapers before effecting chang in title/ownership.

If the WILL is registered then it may not be set aside.

If it was self acquired property/estate of the father then he had the right to give it away to anyone in his life time.

If the daughter files a case then WILL may be called for probation and once probated it shall bear the stamp of authenticity by court.

The gift deed charges/stamp duty can be obtained from SRO.........................

You must have obtained the title record ;7/12 extract and must be having all previous ownership

documents and WILL.

You may show all of these to an able lawyer specializing in family/property/revenue/civil matters and understand the merits and options........................Your counsel may opine to adopt options other than gift deed also....................

jayshree (Inspector) 10 October 2015

thank you sir.

Is it necessary to change name on property tax also? after making gift deed aunt wants to add her daughter's name direcly on property tax,

Kumar Doab (FIN) 10 October 2015

With the change in title of ownership apply for change in everything: Water/Electricity/property tax etc.................

However show all docs on record to an able counsel than proceeding on your own.

The counsel that has examined all docs on record can advise you the best.

Laxmi Kant Joshi (Advocate ) 10 October 2015

In maharahtra probation of will is compulsary , as you said the property is self acquired by your uncle then he has all rights to make his registered will in his wifes name , his daughter from first wife and others has no right in that property, first probate the will and then do mutation process (transfer of property in your aunts name ) in concern authorities, if the property is in village then in tehsil or if in city then in nagar nigam, once property transffered in your aunts name only then she can gift you that property by making registered gift deed, in maharashtra you have to paid for gift deed 1%stamp duty on circle rate of that area where property is situated and 2%registeration charges .