need your advice
nida
(Querist) 08 May 2010
This query is : Resolved
My mother had brought a house by self earned money. She made a will in favour of her grand sons.But unfortunately due to ignorance she did sign only on the last page and not on all the pages and the will was also not got registered. Me and my brother are the only legal heirs of my mothers property.
I request you to kindly advice me that being an aunt what deed should I do to transfer my share of property in the names of my nephews as decided by my mother in her WILL. Because I have apprehensions that my husband or my son may ask a share in this property but I want to follow my mother's wish.
I have taken advices from some lawyers who asked me to do relinquish deed/ release deed/disclaimer deed and some ask me to do NOC. Please advice which deed should I do through which my rights can directly be transferred to my nephews since my brother also does not want to take this property in his name .
Can me and my brother both transfer all our rights in the property to my nephews through a single deed?
R.R. KRISHNAA
(Expert) 08 May 2010
Dear nida,
You have stated that "She (your mother) has made a will in favour of her grandsons". Such being the position there is no right for you and your brother to transfer the property rights to the children?
It seems that your mother bequeathed the property rights in favour of all her grandchildren (children of you and your brother) and if you want only your brother's children to have all the property rights then only your children (if they are major) can give a release deed in favour of your brother's children.
Since as per the will the property rights only devolve upon the grandchildren, you or your brother cannot transfer any rights to anybody.
Best of Luck...
suren
(Expert) 08 May 2010
Dear Mam,
This is a very good thing that you decided to follow your mother's wishes.
You along with your brother may make a declaration stating your consent to the will.
The same can be registered and "The House" will be inherited to your nephew.
Ashok Yadav
(Expert) 08 May 2010
As per my view the name of the beneficiary of the Will and details of the property shall be written on first page and your mother has signed on the second page only, thats why you are facing the problem. Firstly you should try to resolve the problem by executing NOC to the concerned property in favour of your nephew.
If this could not succeed then you and your brother should execute a gift deed in favour of your nephew. Because Release/Relinquish deed can be execute only for ancestral property, and this is self acquired property. So as per my opinion you should execute a Gift deed only.
