Property registration without a will deed
ramachandra
(Querist) 31 May 2012
This query is : Resolved
my mother in law has four daughters(including my wife)and six sons. she was owning a house property till she died(it was her ancestor property).before she died in a white paper she has written that this property is to be given to only one of the daughters.this is not a registered deed and no body signed on this. my question is whether the said daughter alone can claim and whether registration authority will allow registration and transfer the property without any one of other legal heir"sconcurrence or signature?some of other children also would like to have a share.pl advise and what to be done and to whome to approach the property is situated in kadapa dist in AP look forward RD
Anirudh
(Expert) 31 May 2012
Unless your mother in law had signed the WILL, and the said will had been attested by two witnesses, the same is of no value.
In such a circumstance, all the legal heirs will have equal share.
Adv.R.P.Chugh
(Expert) 31 May 2012
A will is a document that is required to be attested by atleast two witnesses. Attesting witnesses are persons who testify that the document is signed and executed by the testator in their presence.
Without attesting witnesses, the will does not hold, the fact that it is not signed also, would further make proving the will practically impossible.
The other legal heirs have the remedy of seeking partition or joint possession.
Hope this helps !
Shonee Kapoor
(Expert) 02 June 2012
I endorse the detailed reply by Ld. Chugh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ramachandra
(Querist) 02 June 2012
Thank you very much for enlightening and educating.
regards
