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shaarik (Engineer)     14 November 2013

Will versus deeds

hi experts !

i've a query. D had a residential plot in HUDA. After D's death house ownership transfers to M, widow of D by the consent of other legal heirs say X,Y and Z asper the HUDA transfer policy with all legal formalities executed during the process.

Was it possible that property rights could've come to X and Y if all & only above legal heirs had decided it in place of M after D's loss?

Anyway now M wants to transfer the concerned property to X,Y. What r the ways by which M can do this ?

What if M decides to formulate a will  in the name of X,Y and make it registered.Won't it be challenged by Z later on even though today he's willing to comply and is a major ?Suppose Z now relinquishes his right & has no objection and ready to give an affidavit or whatever legal document . I heard that will r prone to challenge and can cause a nuisance to X,Y on many grounds.

Will GIFT DEED would come handy?

Which is more secure and reliable SALE DEED, GIFT DEED, WILL DEED or any other deed ?

Suppose once the concerned deed is registered what r the chances of its challenge by Z (lets say he changes his mind later on).

So what X,Y r supposed to do? Go with will or the "DEEDS" in question to seal the property and registering it.
What can be the best way for X,Y to secure the property in their name?



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     14 November 2013

Subsequent to the death of D, M acquired the property on the basis of Release deed/NOC by other heirs of D?,  Now after such acquisition, M becomes the absolute owner of the property, upon which it is classified as an exclusive property of a woman, it means she has full rights to dispose the same as per her own desire and thoughts, nobody has got any right to dispute it either now or later.  Hence, there wont be any problem in the future to such disposal which will be undisputed.

shaarik (Engineer)     14 November 2013

thanx mr. kalaiselvan

i agree with u completely for the exclusive rights of M as per the NOC/Relinquish deeds done by all legal heirs in favor of M unanimously. But now the question stands in front of M is: how to inherit her exclusive rights only to X,Y though she wants Z out of these. So my question is what is the secure and undisputed method: GIFT DEED, SALE DEED, WILL DEED or any other deed to put property in name of X,Y.

Would it be good if M prefer to exist as the co-owner of the property instead of giving solely to them?

Adv Archana Deshmukh (Practicing Advocate)     14 November 2013

M can go for Will or gift in favor of X & Y.  You cannot stop a person from challanging the same, if he wants to. But it will be better then, to transfer the property by gift during the lifetime of M itself. 

shaarik (Engineer)     14 November 2013

thats what i was thinking miss archana.

Will shall be the last resort and transfer thru deeds in the lifetime of M is better. But what if X,Y prefer to Will and go thru GIFT/SALE deeds after a couple of months, take WILL just as a precautionary measure against Z's mood swing !

where i'm stuck is: is sale deed better than gift deed. i guess stamp duty on gift deed is less as compared to gift deed? i concede that anyone can challange any deed but pt. is of the weightage the challenger gets by the authority under given circumstances. I heard people saying sale deed is a bit secure than gift deed. I'm lost here....

now miss ! 2nd hitch: can/should M continue to  be the co-owner of the property along with X,Y. Any suggestions would be highly appreciated.

STUDENT.... (.......)     16 November 2013

Registered Gift Deed is the secured Way to transfer the said property.


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