Advocate Chinnmay S. Shah

Questions Answered by Advocate Chinnmay S. Shah

Q: Will Registration after d .

How to register a will after death in MumbaiHow much will it charge me

Advocate Chinnmay S. Shah answered
The WILL can never be registered after a death of a person if the WILL has been made earlier at the the lifetime of the Testator being duly signed by him/her alongwith the witness. You have to approach the high court of your jurisdiction to get the Will probate where the movable and the immovable properties shall be disposed off according to the statement being made in the Will.

Q: POA from mother suffering from Alzheimer

My mother is suffering from late Alzheimer disease. She is incapable of doing anything by herself. We are two of her daughters taking care of her. Although she has made a last will and registered it some years back, we do not have power of attorney to handle her property. How to solve this issue

Advocate Chinnmay S. Shah answered
Hello,Would request you kindly issue a legal letter to the society where the property is located, also submitting a doctor certificate where the doctor can prove the disease.As well as an affidavit would be required by both of you (the daughter) of the property owner where it should mention since your mother is ill you would be looking after the maintaining the property which should solve the purpose. If not you have to take a special permission from the court to manage the affairs of the society.Thank you

Q: Nomination, plus will, (no probate done, yet?)

My father changed his mind in the end of his life, asked me to get papers made, during the first lockdown. A will was signed after doc visit in the morning, died in the night. Society still hasn't transferred, after 20 months. Who do I approach? Can registrar do anything? Help!

Advocate Chinnmay S. Shah answered
Hello,As per the latest supreme court guidelines to get the property transferred unto the name of the beneficiary of the deceased you have to get the probate from the high court since there is a WILL involved in your case. To obtain a probate it will easily take 6months of time where once you get the probate on the basis of that society shall transfer the flat to the beneficiary.

Q: Flat sale agreement after death of one owner

I am purchasing property which is in name of two people (Husband and wife). Husband died leaving behind 4 children and wife. Now we are entering into flat sale agreement with wife and 4 children party to it and confirming the full consideration will go to his mother.Is it a right way to do??.

Advocate Chinnmay S. Shah answered
Hello,Ideally if the wife is doing the transaction on behalf of everyone to have a proper title of the property you should make sure a release deed, is executed where the 4 children will release their share in 50% of fathers property unto their mothers name. Once she is the 100% owner she can execute a sale deed.

Q: Daughters Right on fathers property

My father have sale of flat which was on his name....all documents are available on his name since 20 years....but now after dlat sale, my father's sisters are asking for their share in the flat...Does they have any right in the property which is in my father's name ??

Advocate Chinnmay S. Shah answered
Hello,If you father was the owner of the property, and if the property is self owned your fathers sister will be termed as class 2 legal heir they will not be having the first right, but you and your mother will be having first rights in the property they cannot object anything.The best is to execute a release deed and get it transferred.