Release deed/will validity
Hari Prasad
(Querist) 09 January 2015
This query is : Resolved
Hi,
My father was the sole owner of a self-acquired property. He passed away recently intestate, with no WILL. His legal heirs include myself (his son), my mother and sister. In this situation, it is clear that myself, mother and sister would be the joint owners of the property.
However, over the past 10 years, I have been taking care of my parents and the maintenance of the property. I had also helped financially with my sister's marriage. My sister is a homemaker, so I have continued to provide some additional financial support to her even after marriage. Due to these things, it is the desire of my mother to transfer her share of the property to me, so that I would have 2/3rd ownership of the property.
The questions I have regarding this are:
1. My mother can execute a release deed in my favor. However, the property has still not been transferred to our names and might take more than 1-2 years since I work abroad. From a purely legal standpoint, if she executes the release deed, and god forbid something happens to her before the property transfer takes place, would the release deed still be valid?
2. Would a WILL executed by my mother stating that her share of the property be transferred to me be a better option? However, the same question arises about the validity of the WILL if the property has not yet been transferred to the three of us.
Your kind help is greatly appreciated.
Thanks,
Hari
ajay sethi
(Expert) 09 January 2015
on your father demise your mother has /13rd share in her deceased husband property . your mother can execute will that her 1/3rd share in property be bequeathed to you . it would not attract any stamp duty too
Kumar Doab
(Expert) 09 January 2015
It is believed that you are Hindu.
The property of a female Hindu dying without WILL shall be distributed:
Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters
To get the name of ClassI Legal heirs in the mutation record the simple procedure for 'Virasat Ka Intkaal' can be adopted. Any local deedwriter can help and any of ClassI legal heir of the deceased i.e. Spouse,Children,Mother can get it done......
Once the mutation record is updated further procedure as desired is also simple.
The help that you have been rendering is your moral and pious responsibility........
If you are well to do what is wrong if the housewife sister get a share
Rest is upto you.
Rajendra K Goyal
(Expert) 09 January 2015
our mother can bequeath her share in your favor or she may gift it to you.
