Legal procedure to obtain copy of will to deed property to wife

935 votes

You need to get the will drafted from a good lawyer and trasfer the rights to your wife ior better make a gift deed in favour of your wife ....for any further clarifications please contact to explain the terms in details

Advocate Premmal Patel David LawRato

745 votes

Hi. What I understand from your query is that you want to gift your property to your wife. You can do that in two ways. First is by executing a gift deed in favour of your wife and getting it duly registered with the competent authority. This will legally transfer the title to the property in your wife's favour in your lifetime itself. Second is by executing a Will and bequeathing the property in favour of your wife. Making a Will does not entail any legal procedure except that after your demise, the executor appointed by you in your Will will have to prove the Will before a court of law and get the Will authenticated by Court. This process is known as probating the Will. It will require payment of fixed court fees of Rs 75000/-. Also it will require your wife to appoint a lawyer and bear his/her fees in addition. Also there are chances that there may be objection to the grant of probate when court issues a notice inviting objections from your legal heirs. So I suggest you adopt the first route and execute a gift deed in your wife's name. That's simple and straight forward. Also presently there is only a nominal stamp duty of Rs 200 payable on the gift deed. Both you and your wife can sign the gift deed in Australia itself before Indian Embassy in Australia. Then you can execute a special power of attorney in favour of your trusted friend or relative in India who can register the gift deed in India on your and your wife's behalf. You and your wife can also execute separate powers of attorney in favour of two different individuals. Thanks.

LawRato LawRato

641 votes

Sir,
Sorry to hear about your health. You should immediately engage a lawyer and draft a will in respect of your property in favour of your wife.

Please make sure you do the following:
1. You appoint an executor of the will;
2. You register the will along with a seal.

Please find a link of a sample will.
http://www.advocatekhoj.com/library/agreements/will/2.php

http://www.advocatekhoj.com/library/agreements/will/1.php

Advocate Gowaal Padavi LawRato

600 votes

You have to make a will and for this you can contact me for drafting will.
You have to make a will and for this you can contact me for drafting will.
You have to make a will and for this you can contact me for drafting will.

Advocate Rashmi Nilesh Parmar LawRato