Transfer of property
Querist :
Anonymous
(Querist) 24 August 2018
This query is : Resolved
My grandmother gad made a will in the name of my father to transfer tge property in hus name after his death.
But the property was supposed to be in the name of her grandson ( my touji's son who had passed away before my grandmother's demise). But now we need to transfer the property from my father's name to my cousin's name without incurring huge expenses. What are the procedures that can be done so as to incur least expenses.
Dr J C Vashista
(Expert) 25 August 2018
Anonymous author is not obliged by experts as per rules of this platform. Disclose your identity.
Kumar Doab
(Expert) 25 August 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Preferably obtain written legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in concerned field of law (as per matter at your hands) e.g; testamentary/succession//civil matters and well versed with LOCAL applicable rules/laws …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record and even draft the required/suitable deed for you.
There are such very able counsels at each location.
Check for such counsels at LOCAL civil courts, HC, SC…
Kumar Doab
(Expert) 25 August 2018
Which personal law applies in your case?
Are you all Hindu?
The property is in which state?
Who was 1st owner of said property say; Forefathers of your grandmother’s dad?
Was the said property (that is disposed by registered WILL) self earned/acquired or ancestral in the hands of 1st owner of said property e.g; your grandmother’s dad?
Hasthe said WILL been duly acted upon without any cloud on IT or probated?
Was any executor appointed as per WILL?
Has the WILL of your grandfather been duly acted upon without any cloud on IT or probated?
Apparently beneficiaries were alive as on date of death of your grandmother’s dad?
How the property was supposed to be in the name of your tauji’s son? Did your grandmother’s dad before dying, transfer the property in the name of your tauji’s son, by a valid/registered deed e.g; gift/sale etc?
Confirm!
Kumar Doab
(Expert) 25 August 2018
Generically speaking;
If your grandmother’s dad before dying, did not transfer the property in the name of your tauji’s son, by a valid/registered deed e.g; gift/sale etc then your tauji’s son is not owner.
If your grandmother’s dad before dying, transfered the property in the name of your tauji’s son, by a valid/registered deed e.g; gift/sale etc then your father should not be owner.
If your grandmother’s dad before dying, did not transfer the property in the name of your tauji’s son, by a valid/registered deed e.g; gift/sale etc and If the said WILL has been duly acted upon without any cloud on IT or probated in favor of your father then your father should be owner.
Your father can further transfer the property in the name of your tauji’s son, by a valid/registered deed e.g; gift/sale etc, by his sweet wish/will.
The charges/duty etc may be inquired from LOCAL, SRO.
Some states provide relaxation/waiver for transfer amongst blood relation/relatives.
If you think that you are properly informed and have relatives/well wishers that are proepry informed and can handle the matter on your own then go ahead.
Check with a senior LOCAL deedwriter in LOCAL, SRO and preferably discuss with a very able counsel as already suggested above.
