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Clarification regarding gift deed and procedure for execution of will
29-Mar-2023 (In Wills / Trusts Law)
We are Scheduled Tribes of Jharkhand. There are 2 properties in Ranchi. One was bought by my mother and another was bought by my father (deceased). We do not have any brother. My mother wants that after her, these two properties should go to two of her daughters. Questions are: 1) We had proposed to make a Will. One lawyer there suggested that Gift is a better and hassle free method. Please advise. 2) If a Will is made, at a later date what is the procedure for execution of Will i.e. to change the ownership of the property? 3) Shall the advice be same for the property which is in the name of my deceased father? Regards.
Venerated Questioner
Myself Salutation !!!
You question revolves around hassle free method for transfer of two properties which was purchased by your mother and father. I would like to inform you that if you want to adopt the method of "WILL" then you have two options first you can register the "WILL" under Section 17 of Indian Registration Act and second option is that to unregister the "WILL" u/S 18 of Indian Registration Act. Thereafter, you have to file the Probate Case before the Civil Court for transfer of "WILL" property in your name. As you already mentioned in your query you do not have brother, hence it will not be difficult for you to transfer the property through Probate case i.e. "WILL" property. If you will adopt the GIFT procedure then you have to be registered the Gift as per the valuation of property thenafter it will be transferred in your name. After the death of the testator you can apply probate case in the case of "WILL" property. Informed me whether your father's property had been transferred in the name of your mother. Feel free to call me for better assistance through lawrato.com. Give me your valuable feedback...
Myself Salutation !!!
You question revolves around hassle free method for transfer of two properties which was purchased by your mother and father. I would like to inform you that if you want to adopt the method of "WILL" then you have two options first you can register the "WILL" under Section 17 of Indian Registration Act and second option is that to unregister the "WILL" u/S 18 of Indian Registration Act. Thereafter, you have to file the Probate Case before the Civil Court for transfer of "WILL" property in your name. As you already mentioned in your query you do not have brother, hence it will not be difficult for you to transfer the property through Probate case i.e. "WILL" property. If you will adopt the GIFT procedure then you have to be registered the Gift as per the valuation of property thenafter it will be transferred in your name. After the death of the testator you can apply probate case in the case of "WILL" property. Informed me whether your father's property had been transferred in the name of your mother. Feel free to call me for better assistance through lawrato.com. Give me your valuable feedback...
Helpful?
25+
25+
Adv. Anil Kumar Singh
Ranchi | 500+ Answers
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Dear Sir,
Yes you can move for WILL and making gift is better option as well hessle free for furture also.
If WILL is made it need to be probated after the death of the executor ( the person who draws the WILL)
No the property of deceased father shall be now divided among all his legal heirs.....
with regards
Uttam Tibrewal Adv
Ranchi
Yes you can move for WILL and making gift is better option as well hessle free for furture also.
If WILL is made it need to be probated after the death of the executor ( the person who draws the WILL)
No the property of deceased father shall be now divided among all his legal heirs.....
with regards
Uttam Tibrewal Adv
Ranchi
Helpful?
14+
14+
Adv. Uttam Tibrewal
Ranchi | 200+ Answers
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