Will For Immovable Property

Any will witnessed by the beneficiaries themselves is not valid. Hence your father is deemed to have died intestate and thereby both you and your sister are legal heirs. She has an equal share to your father's estate under the law of succession. Your will to leave everything to your wife will not stand scrutiny because you can only will to her what is legally your property. You have to discuss this matter with your sister and come to an amicable settlement. L.Kalavathi Retired Bank Official Chennai, Tamilnadu India 29th May 2018 more  

You can prepare a will only for your self acquired assets and your share in the ancestral property and not on entire ancestral property even though it is in your name.The best way is to make a gift deed by your sister to gift her share in the property to you and then register in your name then you can prepare the will in the name of your wife. more  

Get NOC from your sister and Get the property transferred in your name. Then will it. Everything will be clear, except god's 'will' where in she may predecease you. Otherwise on your demise your sister (probably grandchildren too) may have a claim over it being ancestral property. Secondly, Will made by anyone need not be registered. Though it is advisable. The problem with a registered will as told to me by a lawyer is that in case one wishes to change it , the previous one needs to be de-registered at the place where one has registered it and fresh one registered. Knowing india , the process of registering, de-registering, registering all costs time and money. He therefore suggests getting it notarized which doesn't cost much time and money and one can have more than one notarized will with the latest one being effective. At old age one does like to change one's mind often. more  

I am not a legal man. But my experience says that the will need not be registered. But it has to be witnessed by Independent witnesses and not the beneficiaries. Since therefore it cannot be considered a valid will, the law of succession will apply. Therfore you and your sister are the legal successors and are entitled to equal share of the property. But your sister can legally renounce her claim, in which case you can ask for the property to be registered in your name. But if, however she is not ready she can accept a financial compensation, if you give her. We must remember that all children, irrespective of gender are equal, and do not deny her her right to share. more  

As per new law of succession All legal heirs are entitled to a share in-the movables & immovables of the deceased In your case you have a. unregistered will u can register. the said wILL with in six months movables& immovables of the deceased As per law. All legal heirs. Have a equal share Both in movable and immovable What other docs do u have to prove the father has desired to give it to u ol Has it got. A witness signed Now who is occupying. the house If it is in your possession hold it It can not be transferred. Till U. . produce a doc of father staying he wished the house to be transferred to u Better take in writing a letter / doc. Which specifically says that the father has wished to transfer the house on ur name. Otherwise she has an entitlement / one share in the. Case Consult A good property. Lawyer who can advice if the said doc. Is valid / acceptable In the court In which case if valid go for a probate. It will be a long process Other wise. remain silent enjoy the prperty. Now the other party has no option but To go for a partition. Suit during. ur life time and there you prove. With strict. proofs Sent from my iPhone > On May 19, 2018, at 18:56, KK SOOD wrote: > > > > > KK SOOD > KK SOOD posted a message in "Legal Advise and Matters ". > Subject: Will For Immovable Property. > WILL For IMMOVABLE PROPERTY- DELHI > I want to make will for a house , which was constructed by my father . Now my parents are no more. He has made an unregistered will on a stamp paper of Rs 10/- , where in myself & my sister (only myself & my sister are the legal heir) has signed the same as witness. As per docs. he has stated the house to be transferred to me . > I am paying the House Tax after mutation of the property in my name . > I also got the water connection -DJB as well Electricity connection more... > Reply Reply to this email to post a comment. > > If you believe that this post is inappropriate for this Circle, report it. > OIf you don't want to receive emails from us in future, please Unsubscribe. > > more