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v.k.malhotra (Sole-Prop)     10 May 2012

Registered will

My mother own a house in Delhi and in the year 1997, by way of registered will she transfer her ownership rights in my name by way of Registereed will at Delhi and to that my father has witnessed. My parent has three sons and three daughters. We have doubt that only one brother may object and / or challenge to this. Both my father and mother aged 86 & 82 are alive. Please guide - is the registered will is challangeable and / or what to do at this point of time when my parents are alive.  One more point - Relinguish Deed is executed only after death of a person or during his alive, one can executed.  What are main points of difference in Relinguish Deed and Will.



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 8 Replies

Vinav K Mishra (Lawyer)     10 May 2012

when someone releases his/her rights/share in a particular property without monetary consideration it is known as relinquishment. In some parts of India relinquishment is to registered mandatorily. obviously the person is needed before the registrar for registration. the registered will will take effect after (god forbid) the demise of the testator or the executor. you can always obtain a probate after such demise before the execution of the will. the court will take into consideration the objection of your brother and decide whether its tenable or not. in case of a registered will in 1997 you will have an upper hand but still it will be on the discretion of the court.

v.k.malhotra (Sole-Prop)     10 May 2012

Sir,

Will was registered in 1997. My parents are lalive.  Can we now as of current date  attached fresh witnesses to that Will - including children i.e. son and daughters (married). If yes, what is the proceedure for that.

Vinav K Mishra (Lawyer)     11 May 2012

no not on the registered will but u can execute a codicil contact a good lawyer in your area

Senthil Kumar L (Advocate)     11 May 2012

Sir,

Any one of your brother or sister contest / object to the contents of the registered will in your favour the probate proceedings may be converted into Transfer Original Suit (TOS) and it will run into at least for three years to ten years based on the proceedings before the Court of Law.

The Will has to be necessarily probated before the High Court of Delhi since the property is within the City Limits of Delhi. The cost of the probate would be 3% (in TN) of the Government’s Guideline value of all the properties.

Based on the records the court will examine the genuineness of the WILL after examining the Executor of the WILL as well as the Witness who attested the WILL.  Further you have to pay a Court fee at 3% on the market value / guideline value of the property and legal charges.  The entire process may take at least 6 months if there is not contesting claim.

Alternatively you may insist your mother to execute a Registered Settlement Deed in your favour.   In which your mother may retain life interest till her and your father life time and after their life time the property devolve upon you.  In this case you are not requested to go to any court to get authentication for the transfer.

Immediately after the registration of the Settlement Deed in your favour you are the absolute owner (after the life time of your parents).  In this case nobody has no right to question and your are not requested to go to any court and no summons or any objections/ no confirmation  is required for transfer o the title in your favour.  It is best and cost cutting method to transfer the property in your favour.

Please take proper and competent assistance from the practicing advocate in this regard and it will avoid future litigation.  The WILL is best weapon for the senior citizen for the movable property and it will be very burdensome to the children/beneficiaries if it is made for immovable properties.

JANAK RAJ VATSA (ADVOCATE)     11 May 2012

dear client, you have not specified the type of property i.e. is it self acquired or ancestral because in both the cases the issues will be different ? if it is self acquired property, then the settlement deed with interest of life estate would be preferable.

v.k.malhotra (Sole-Prop)     12 May 2012

Dear Shri Janak Raj jee,

Thanks for your post / reply.  The said property is self acquired / purchased by my mother in the year 1966 and the sale deed was executed / registered at Delhi. The will was registered in 1997 and  can she now go for execution of settlement deed as suggested and what are the proceedure and if it attract the stamp duty and at what rate.

v.k.malhotra

v.k.malhotra (Sole-Prop)     12 May 2012

Dear Shri Santhal Kumar jee

Thanks for the detailed reply. Please note that my mother acquired this property in the year 1966 by purchasing and sale deed was executed.The will earlier was registered in 1997 and can she now go for execution of Settlement Deed as suggested by you and will it attract the stamp duly also and if yes approximate rate and amount.


v.k.malhotra

veekayinv@gmail.com

VTMurali   23 December 2018

Will registered in favour of two majors...Sister married with children..and a Brother not married...Codicil to be prepared ..is it necessary to regIster codicil

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