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Fight for justice (manager)     23 January 2015

Property in mumbai

Query on behalf of my aunt:

My aunt and her daughter have a flat in Mumbai (joint holders) but  they are both settled in delhi. Flat is self acquired. My aunt wants to ensure that after her demise, the flat gets transferred wholly in favour of her daughter (aunt has other childern also).

- Can my aunt write a will transferring her share to her daugher (joint holder) after her demise?

- Since aunt is in delhi but flat in Mumbai, will the will made in delhi be valid in Mumbai? or any additional formalities paperwork to be done?

-Is there any other route to transfer the flat - gift or relinquenishment deed?

- Can her other children or grandchildren claim a portion of her share of the flat?



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 2 Replies

Jayashree Hariharan (Advocate)     23 January 2015

Gift/relinquishment deed means the property gets transferred immediately to her daughter, even though aunt is alive. Will takes effect only after her death. So she should decide what to do. 

She can write and register a Will wherever she is residing. Get it registered to avoid any dispute, registered Will always has better legal value than unregistered Will, though registration of Will is not compulsory.

If she dies without writing a Will or any other document, if the property remains in her name without will on her death, then all her children have a right to claim the property.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 January 2015

A Will can be made in Delhi for a property in Mumbai. But if the Will is made in Delhi the witnesses also likely to be residents of Delhi. I do not know exactly where the Will has to be probated. If it has to be probated in Mumbai then the Delhi witnesses may have to travel to Mumbai. It is advisable that your aunt clearly explains in the Will how the property was self-acquired to avoid disputes. There is heavy stamp duty on probates in Maharashtra. Besides writing a Will, it is very much advisable that your aunt nominates her daughter to receive the property from the Society after her death. The Society will have to transfer the property to the daughter's name on mere application without any hassles. Later the Will can be executed conveniently. If no nomination is made the transfer will have to wait until the Will is probated. If the other children dispute the Will, the process can get delayed.

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