Registration of my will
Geeta
(Querist) 31 May 2016
This query is : Resolved
I live in Mumbai.1. i'd like clarity on whether my will should be registered by me so that after my demise my children/spouse do not have problem for the transfer of our property which is in joint name.
2. What is the legal implication ( other than for voting rights in the Housing Society and for taxation) of first name or second name during the registration of Property.
Advocate Kappil Cchandna
(Expert) 31 May 2016
Sir,
For authenticity purpose it is always suggested to register a Will.
Warm Regards
Kapil Chandna Advocate
9899011450
Kishor Mehta
(Expert) 31 May 2016
Sir,
A Will may or may not be registered, it does not make a difference, however the Will should necessarily contain: [1] Date, [2] Name of the executor, [3] two independent witnesses.
The first named holder only can appoint a nominee, and the share is transferred to the name of the nominee on the demise of the first named holder. The nominee is only a trustee holding the premises for the benefit of the heirs of the first named holder.
Good Luck,
Kishor Mehta
Kumar Doab
(Expert) 31 May 2016
It is mandatory to probate the WILL in Mumbai.
You may take into account the expense.
The nomination in Co-OP society in Maharashtra does not create a parallel route to succession.
It is certainly better to nominate.