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Rajesh D (Manager)     06 August 2022

Residential house bequeathed through will

My father had bequeathed his residential house in Navi Mumbai, Maharashtra to me through a registered will made in 2013. I have a younger sister (married). My father recently sold the house and has kept the sale proceeds in a savings account jointly held by him and me. My father has given me the entire sale proceeds after taxation since he had originally bequeathed the house to me through his will. Since my father has sold the house while he's alive (and since nature of property has changed from immovable to movable) is there any need for further legal documentation e.g. codicil, gift deed etc.? 



Learning

 2 Replies

Swadha   09 August 2022

no need for any legal documentation.

Anusha Sharma   09 August 2022

Under the Indian law, you can bequeath movable and immovable property which you may possess including your self acquired property, inherited property, joint family or HUF property, etc. In your case Rajesh your father can simply create another will with a clause to evoke all former  Wills and Codicils. To avoid disputes or discrepancies, all Wills made after an existing Will have a clause revoking former Wills and codicils.

 

Thank you, I hope this helps. 


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