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Partition of father's property by Will, sister witness.Is it legal?
06-Mar-2023 (In Civil Law)
Hello Sir, Sub: My flat partition. The current flat is jointly held registered(father,mother,me).I have a sister who is married. Due to office location,I am staying in another flat purchased by me. Now father wants to make a WILL where they would provide to me and stated that my sister will sign as Witness. My worry is: Is will authentic way of partition in this regard. Is there a chance of my sister raising claim after demise of my parent. Please can you suggest what approach is correct as my father is not willing to go for Gift.
If you are under hindu law then for your convince i suggest not to go for will because you have to go apply for probate in the district court for executing the will. If you do deed of settlement your father will be the trustee and you will be the beneficiary. Your sister's interference not need and during yhe lifetime your father can enjoy the property and after his death you will be the sole owner and your father include as many clause as he want with the advise of a lawyer. Once you registered the deed of settlement and that's it. If your sister object during the probate of the will with different story yhen she being an heir your probate may be in dispute .
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Adv. Sharmin Zafar
Kolkata | 100+ Answers
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Can my daughters be witness to my will?
Parents may decide to give their wealth away to one child instead of splitting it up amongst them. Can a child that hasnt received any assets from a parent be a testamentary witness? Legal experts say that succession laws dont restrict a legal child from being a testamentary witness. 25-Aug-2023
Can family members be witness in sale deed?
Can a member of the family be a witness to a deed? Anyone can be a witnesses, except the beneficiaries. The only thing that is required to be proved is the fact that the document was signed in his presence. 12-Mar-2019
Can a family member be a witness?
If it is impossible to have an independent witness present, a cohabiting family member will do, provided that the witness does not take part in the transaction or documents. 13-Oct-2020
MY OPINION THAT your father purchased that flat and your father make a will that flat is on your behalf and your sister make a witness on that flat so you have get absolute right according to civil procedure code & no one claim it further.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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Your Sister signing as a witness shall not be detrimental to the cause. It is subject to one s discretion if he/she decides to will the said property in the name of their children. In your circumstance a will is a sufficient way of transfer.
Once the will is granted probate your sister s claims shall not be entertained by the Courts of law.
Once the will is granted probate your sister s claims shall not be entertained by the Courts of law.
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Adv. Biswajit Dey
Kolkata | 25+ Answers
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Yes it is legal way but that will make properly in case any fault arise that will then challenge in court in features by in your sister. Whether gift deed registration make sure some legal term and some legal procedure.
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Adv. Prosenjit Pal
Kolkata | 25+ Answers
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As a flat is jointly held by your father , mother and you. by way of will he can transfer his part to you, same way your mother can also do. there is no harm your sister signing it as witness to the will.
In gift, you father will lose all the ownership on it. On the other hand, if your father nominate you as the beneficiary, you will be the owner of it only after your father's death. In between, if your father want to change the decision, a Will provides you the scope for it.
In gift, you father will lose all the ownership on it. On the other hand, if your father nominate you as the beneficiary, you will be the owner of it only after your father's death. In between, if your father want to change the decision, a Will provides you the scope for it.
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Adv. Shailendra Jain
Kolkata | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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