unregistered will
Querist :
Anonymous
(Querist) 21 March 2011
This query is : Resolved
I am having a property in andhra pradesh. i got this property from my ancestors through an UNREGISTERED WILL. this will (unregistered) is executed on my name before my birth. and the person who wrote will on my name died before my birth took place. recently i constructed a house in that property. I approached a private bank. they gave housing loan based on that UNREGISTERED WILL. along with that UNREGISTERED WILL they took legal heir certificate (originals) and house tax book receipts from me(house tax receipts on are on my name) to give that loan
Even though UNREGISTERED WILL is on my name , property documents are not converted to my name. they are still on my ancestors name.
1)Can some one tell me the process to get documents of my property converted to my name if its possible now ?
2)if not can i give this property as gift deed to my wife or kid in future ?
3)if so which is a better option ? giving to wife or kid ( who is less than 3 years age) ?
4)if i give this property through gift deed to my kid , can i change it in future ?
5)if i can change in future what are the number of years up to which i wil have the hold to change it ?
6)what are the cost involved with this ?
7)whats your best suggestion to handle this.
i need help of the experts. please...
R.Ramachandran
(Expert) 21 March 2011
(1) You have to indicate your present age.
(2) You must also indicate as to who wrote the WILL (instead of simply telling from my 'ancestors') in your favour?
(3) Whether anyone objected to your constructing the house in the property in question.
Upon knowing the above facts, it will be possible to give an appropriate view in the matter.
Querist :
Anonymous
(Querist) 22 March 2011
Hi Ramachandran sir,
my present age is 26
my grand mother wrote the will
no one has objected me constructing the house. and no ine future also
now can you help me out on the below questions
Even though UNREGISTERED WILL is on my name , property documents are not converted to my name. they are still on my ancestors name.
1)Can some one tell me the process to get documents of my property converted to my name if its possible now ?
2)if not can i give this property as gift deed to my wife or kid in future ?
3)if so which is a better option ? giving to wife or kid ( who is less than 3 years age) ?
4)if i give this property through gift deed to my kid , can i change it in future ?
5)if i can change in future what are the number of years up to which i wil have the hold to change it ?
6)what are the cost involved with this ?
7)whats your best suggestion to handle this.
i need help of the experts. please...
Guest
(Expert) 22 March 2011
The will is valid whether it is registered or unregistered. based upon the unregistered will, the will came effect only after the death of the executor. The beneficiary can bequeath the property. As per the will deed you can tranfer, encumber the property as per your wish.
Now take steps to convert the revenue records in your name by giving proper application
if you gift the property to your kid your wife will be the guardian and you cannot cancell the same in future. you have to wait until the kid get major to get the property back in your name.
So better gift the property to your wife
and get loan from the bank based upon the registered gift deed.
No time limit for changing the the documents of title.
Further more consult a local lawyer of your choic.
Querist :
Anonymous
(Querist) 22 March 2011
Thanks ganesan sir for your suggestions. but i did not understand how to get the documents converted to my name ? who will do that ? do i have to approach Mandal Revenue Office (MRO) ? or municipal office ?
if i take my unregistered will, house tax receipt is it that enough ? do i have to carry anything else ???
please help me at the earliest.
