Grandfather property
kannan
(Querist) 15 February 2015
This query is : Resolved
Hello Experts,
My Grandfather brought house by his own hard earned money. He is expired in 1995 and still property is on my grandfather name only.
My grandfather has three legal hires and each one has 1/3 rights.
1) Son (my father) - expired
2) Daughter - alive
3) My grandmother - alive
Now my aunty is going to give release deed for 1/3 share to me with complete money settlement But if she is giving directly to me with release deed then stamp duty is 8% so to avoid this i am planning that she will give the release deed to her mother (my grand mother) then my grandmother will write the WILL with favour to me to give her 2/3 rights (existing 1/3 + new 1/3 = total 2/3). But we are not going to register the Will due to my grandmother health condition. so we are going to write unregistered Will.
Here my doubt is, after my grandmother expire, based on the legal hire - is my aunty or my aunty's son came again and challenge the will and ask her 1/2 rights from my grandmother's 2/3 rights on property ? is it possible and please advice the right approach.
Advocate Kappil Cchandna
(Expert) 15 February 2015
Dear,
Once she pass on her share via relinquishment deed or anything then her right finishes and your grandmother become the sole owner of 2\3, but get the same registered in your grand mother name because she can challenge the document in future and then take a Will from your grand mother .....
Kapil Chandna Adv 9899011450
Anirudh
(Expert) 15 February 2015
Please remember if your aunt releases the property in favour of your grandmother, then grandmother will become owner of 2/3rd property.
If the grand mother creates any WILL which is not registered, then one can definitely challenge the same. Nothing prevents either your own aunt from claiming share from the property of her mother! (What she has relinquished is her own share, not the share from her mother).
Therefore, it will be advisable for you to get the property in your favour straight - even if it involves paying 8% stamp duty. Any short cut will surely land you in problem.
prabhakar singh
(Expert) 15 February 2015
A will is always considered a weak document ,more specially,when few heirs are discorded,the propounder is always shouldered with heavy burden of it's proof and to remove all doubts,a court finds will surrounded with.
Paying fees registrar may come to your home.
There is rule about it.
So to avoid disputes go for a registered deed without caring about expense on stamp duty.
Guest
(Expert) 15 February 2015
Perfectly and Well advised by Senior Expert Mr.Prabhakar Singh
ajay sethi
(Expert) 15 February 2015
agree with MR Anirudh/ prabhakarsinghji
Rajendra K Goyal
(Expert) 15 February 2015
Well advised. Agree with Expert MR Anirudh and Expert prabhakar singh ji.
Kumar Doab
(Expert) 15 February 2015
Expert Mr. Prabhakar Singh has rightly advised and that upon payment of fee registrar may come home to register.
Registration direct in your name is the best option.
In addition to probate of WILL there are charges too to probate the WILL in court of pecuniary jurisdiction (civil/HC).
You may check the charges in your state for transfer of property in blood relation and relations covered under blood relations...
P. Venu
(Expert) 15 February 2015
Penny wise, pound foolish!
Assets and human relations are fleeting.
kannan
(Querist) 15 February 2015
Thanks experts
If I get my aunt signature as evidence on my grand mother's WILL. Is that also be challange in future by my aunt or my aunt's son ?
Please advice
kannan
(Querist) 16 February 2015
Please advice
kavksatyanarayana
(Expert) 17 February 2015
@Author, there is scope to challenge by her husband or her children though she signs on the will as witness.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
The author though has understood the expert proper opinion and advises he is reluctant to follow the best advises instead he is sticking to his old formula itself which no doubt has been highlighted about it danger by the experts, therefore the author is informed to proceed whichever he feels right despite getting best advises.
