Legal heir of unmarried aunt's property
pallavi
(Querist) 21 February 2013
This query is : Resolved
We are three brothers and I am the youngest one.My father was the only son and had two unmarried sisters (My paternal aunts). My father and mother has expired. One of the paternal aunt passed away recently and the surviving aunt is staying with me. My aunts were joint owner of the flat they were staying in Nagpur and had bought from their own earnings. Even though the sale agreement copy mentions both the Aunt’s name as joint owners, the record in the City Survey Office mentions only the deceased Aunt’s name .The surviving aunt wants to give me her flat in Nagpur that she was staying in. In view of the above facts my queries are:
1.Since the surviving aunt is the joint owner of the flat, does she automatically become 100% owner of the flat after the demise of her sister?
2. If she is not the 100% owner of the flat then what is her share of the property that she can give me and who are the remaining successors?
3. Is it better to make a registered Will or should she make a gift deed
4. Incase of gift deed, should I pay stamp duty and registration charges for 100% of the property value or just for the portion that she is owner of and gifting me?
M.Sheik Mohammed Ali
(Expert) 21 February 2013
best way one sister to make settlement deed to another sister.
