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ATKS (A)     20 November 2009

Will Question

My father has 2 flat's and some bank/demat accounts in Noida, he is not keeping well and staying with me(his son) in another city. I have another brother who has broken away from the family and is not in good terms with my parents.

My father wants to create a will and give everything to my mother.  He is a retired government official. He has following questions:

1. Can we register the will in another city where the property is not located? i.e. property is in Noida but we are currently in Ahmedabad.

2. What steps can we take now to ensure that my brother does not create problems after my father's death.

3. Flat A is regsitered only in my father's name. What is the process for transfer of Flat A  from my father to my mother's name after his death? Will I need to get a  NOC form my brother - I want to avoid this as he may create issues or not give a NOC.

4. Flat B is registered in both my mother and father's name. What will be the process to to make my mother the SOLE owner of the flat.

5. My father has shares in public listed companies in demat form, what will be the process to get those transferred to my mother's name. Incase,  if we add my mother as a joint holder on the demat account will it simplify the process later on.

6. In case of Joint bank accounts, do we need to do anything after my fathers death.

Thanks in advance. 





 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 November 2009

It is not clear in your question whether properties are self acquired properties of your father.  If they  are self acquired then he can exeucte a will in favour of any body.

It cannot regd., at Ahemadabad.

Right now u cannot take any steps against your brother.

When will is exeucted and the property is given to your mother it need not to take NOC from your brother, it becomes her absolute property. Regarding flat B his share in this he can transfer it to your mother's name thru., the will.

Whatever clarification you have sought  can be done thru., will.  but only after the death of the executant will comes into operation.

Mani Narayanaswamy (Lawyer)     20 November 2009

The will need not be compulsorily registered, in case you find it difficult to register the same at Noida.  However, in case your brother creats problem, you will have to prove that the will is genuine.

ATKS (A)     20 November 2009

The properties are self acquired by my fater

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