Ravi Prakash (Teacher) 13 July 2014

Can a will reg flat transfer be challenged by legal heirs

Dear Sir,

I am 62 years plus retired person, wish to make a WILL regarding transfer of a flat which is in my name to my sister's name as at the time of purchase about 10 years back, I borrowed money from her through cheque with the promise that if i am not able to return the money, I will give her the flat.

I have a difference of opinion with my wife (who is in job) and unmarried daughters (2 in job & 1 studying) for the last 12 years and as such living separately in a different city.

They do not have any information about this flat and its background.

Now, can this WILL be challenged by Society? What documents Society will need to transfer this flat to my sister's name?

Regards,

Sanjay

Navi Mumbai

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6 Replies

Shantilal Pandya ( Advocate) 13 July 2014

If you have to transfer the flat as per the terms of loan agreement , what you are waiting for ? transfer it during your life time mentioning therein the terms of the agreement.,you can also willed away the property but subject to maintenance rights if any of your wife , but advisable is the first option..

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 13 July 2014

if valid will executed of the property acquired by you cannot be challenged. Even if it challenged will have no substance. Even you can alter or codicil(change) or make fresh will in others favor.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 13 July 2014

if valid will executed of the property acquired by you cannot be challenged. Even if it challenged will have no substance. Even you can alter or codicil(change) or make fresh will in others favor.

Ravi Prakash (Teacher) 14 July 2014

Sir,

Thanks for sharing your suggestions but in my case, there was no written document/loan/agreement as assumed by you. It was a verbal understanding.

I wish you now to advise me suitably.

Regards,

Sanjay,

Navi Mumbai

Shantilal Pandya ( Advocate) 20 August 2014

your statement as to terms of the loan in transfer deed will be sufficient admission of acknowledgement if it is held to be bonafide

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 13 September 2014

If you are making a Will in favor of your sister state in the Will the reason for bequeathing the property to her. You state in detail what you have stated above. A Will or any other document supported by facts and reasons always become stronger.