Mohit 12 October 2019

Will

Good afternoon Sir Need your advice. Case facts- Father had a property for which there are 3 legal heirs two daughters and one son. Now after death of father, son got affidavit from daughter on Rs 10 stamp that they don�t need the property basis which son wants to write registered will. Is this possible for son to register a will if favour of his wife basis the affidavit?

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Tapal Manjunath Reddy (Advocate) 12 October 2019

After the death of the father, the son and two daughters inherits the rights and interest over the property of the deceased father.... Merely obtaining affidavit from the other two daughters a son cannot acquire absolute rights over that property. He can write will only to the extent of his share in the property but not on entire property.... One can relinquish his/her rights in the property only by way of registerd relinquishment deed only... but not in any other way.....

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 14 October 2019

If the two daughters have executed a deed abandoning their claim on the property and such a deed is registered the entire property will become that of the son. There are Bombay High Court judgments that only nominal stamp duty need be paid and not stamp duty as in the case of a transfer deed.