Settlement of property
giridharan
(Querist) 24 July 2012
This query is : Resolved
The landed and house property is in our parents name.Suddenly both of them have become immobile and can not put their signature if we want to effect settlement of ownership at registrar's office.
Now we think of making out a 'will' and get their thumb impression and get it attested by 'notary public'.
In such case will this be a valid document for transferring the ownership at registrar's office? If we don't do anything what will be the procedures for transferring the PATTA.
The issue is all the property were purchased by us [their sons] through our own earnings recently, and we suspect that one daughter of the first[ deceased] wife's daughter will also ask for a share, even though she was married and settled very long back prior to purchase of these lands.
Kindly advise the best possible course of actions to be taken.
Thanks and Regards.
Giridharan
Adv.R.P.Chugh
(Expert) 24 July 2012
Dear Giridharan,
1. You can get your parents to execute a will - get it registered for added authenticity and presumption of genuninity.
2. Will would allow you to mutate the property in your favour after their death and then go on to sell the property.
3. If you want them to gift or sell the property even now - then it can be done, even if they can't sign or even give thumb impressions for that matter. The Sub-Registrar may register such documents at your house. This is allowed in exceptional cases as per S. 31 of the Registration Act.
