Protection and maintainance of senior citizens and property
Guest
(Querist) 27 May 2019
This query is : Resolved
A 82 year old man is a widower and a retired central government employee and is currently a pensioner has 4 children None of whom are staying together with him. He stays in the property registered in his expired wife's name. Wife had executed an unregistered will to her husbands name. Wife expired 3 years ago and Money for purchase of said property was given by Husband only he has proof in this regard.
Since the will is un-registered, Sub registrar is asking for relinquishment deed's from all his children.None of his children are agreeing to give relinquishment deeds and contact father only once in six months or a year and 3 stay abroad. But the man doesn't want to file a probate case or go to court.
Although children are not claiming their share in property or are not objecting the father. Father wants to get the property registered in his name and wants transfership and selling rights on the said property.
Can the person claim that the amount he is getting is not sufficient and get the khata transferred and registered in his name on grounds of Protection and Maintainance of Senior Citizens?
kavksatyanarayana
(Expert) 27 May 2019
Dear querist, the relinquishment deed from sons is not necessary. but Sub registrar asking the relinquishment deed. the un-registered will needed to be verified to give reply. so consult a local lawyer with the copy of un-registered will.
Dr J C Vashista
(Expert) 28 May 2019
No alternative but to get the will probated, for that sooner is better.
No need to seek relinquishment deed executed by sons of the beneficiary of the will.
It would be better to consult and engage a local prudent lawyer for proper guidance and proceeding.
However, if you are located in Delhi/NCR and feel so, may contact me (on appointment) with relevant documents/information at:
Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
Guest
(Expert) 28 May 2019
Under Sec 18 of the Registration Act the Registration of Will is Not Mandatory
Guest
(Expert) 28 May 2019
You could Probate the Will to make it Legally Valid and if you apply in Court for probating will it could be applied with an additional Petition for Priority Completion of the case being filed by Senior Citizen referring the senior citizens act.
Guest
(Expert) 28 May 2019
When the Probating the Will Suit is filed mentioning the Rights of Senior Citizen the Case could be completed with in 6 month
Sudhir Kumar, Advocate
(Expert) 29 May 2019
He is not willing to go for probate.
yet he wants to get property registered in his name despite his children being non-cooperative?
Guest
(Expert) 29 May 2019
The Concern of Mr.Sudhir Kumar towards a Senior Citizen is well appreciated. Mr. Chetan Kumar could contact Mr.Sudhir kumar if required
