Citation in Will ...
ponnala
(Querist) 25 July 2009
This query is : Resolved
Dear Friends,
In a will testator says "all my remaining lands which are either in my personal cultivation or under tenants are bequeathed to Sri.Mr.'X' Son of Mr.'Y', After my life time he shall take appropriate proceedings for either recovery of the land or of compensation from the persons in occupation and take possession of the lands which are under my occupation". And further the testator says,"Any property which is not expressly specified herein shall be inherited by Smt. 'A', Wife of Mr. 'B' as the residuary legatee.The persons mentioned above shall after my lifetime enjoy the properties bequeathed to them with absolute rights".
Under the circumstances What should Legatee/s Mr. 'X' and Smt. 'A', Claim/s.
As Legatee Mr. 'X' becoming old, he wants to write a Will and also give GPA to his Daughter. He obtained the details of lands held by the testator from old Revenue records, and same were incorporated in the GPA ( and also in the WILL ),but the sub-registrar is not accepting the above details (of Revenue records ). Now how, Mr. 'X', go about this to convince the SRO?
The case is pertaining to AP state.Is it mandatory to register the GPA, under State rule.
I request the learned Forum members to guide me in regards to the steps to be taken in making Will and the GPA, Pool proof one.
The matter is of Little Urgent nature please.
With regards...
Deekshitulu.V.S.R
(Expert) 25 July 2009
The property must go according to the WILL. GPA can be executed, and the POA holder can deal with the property. In A.P., since the GPA deals with transfer of immovable property, it shall be registered. If the GPA is given to a family member like son, daughter, wife, then the stamp duty isonly Rs. 1000/- + the registration charges. In the GPA better mention about all the details. The SRO cannot refuse registration as long as you pay the necessary stamp duty and registration charges. If he still denies, writ is the only solace.
See Article 42 of A.P.Act, r/w Sec. 2(21) of the Act. It is certain that if the GPA is given to deal with the property, then it needsd registration in A.P.
Need futher clarification mail to my individual mail ID.
ditty33379@rediffmail.com
Bye
ponnala
(Querist) 26 July 2009
Dear Deekshitulu Garu,
Thank you very much for your kind advice.
I will send the complete information of the Will to you,kindly go through the same and advice me what is to be done.
With regards...
