Bobby (Coordinator) 10 January 2015

Can i transfer property in my name based on registered will

I bought the house in my father’s name using my money because I was eldest & this was my way of showing my gratitude to my parents & I was the only member earning well at that time. Brother was in college & so were sisters & entire family depended on me.

Now I am living in another city but my brother & his family are living in that house. Sisters are married.

My mother died first & then my father died & he left a registered will giving house to me. Sisters have no objections but brother wants half even though he has not contributed financially OR in any way taking care of father & mother. We had a servant to take care of parents & I paid all expenses in sickness & health.

Can I use the Will to transfer the house in my name without going thru any other formality ?

What is the actual process & what precautions do I need to take in order to avoid further complications ?

Thank You in advance.

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3 Replies

Laxmi Kant Joshi (Advocate ) 10 January 2015

you had not mentioned that in which state your property is situated , if the property is in your father's name then he has all rights over it he can transfer his property in your favour through will , your brother and sister has no right over that, you can transfer it in your name by producing the same with application , affidavit , death certificate of your father ,before the municipal/ nigam authorities .

Jayashree Hariharan (Advocate) 10 January 2015

You purchased the property in your father's name, and he has written a will in your favour. so you have legal right to transfer in your name, because it is treated as absolute ownership by your father, though you paid for the house.

Bobby (Coordinator) 10 January 2015

I am situated in Gujarat.

Don't I have to first create a family tree ( Pedhinamu in Gujarati ) & tell them who are the sons & daughters of my father & then add their name as the heirs ( Called Varsiyat in Gujarati ) first in Municipal records ?

Then after everyone's names are added in Municipal records then produce the will & ask authorities to delete everyone's name except mine based on will ?