Biswajit Dey 17 August 2017

Gift deed of notary will

Hi Experts,

We have undivided 4 cotta land in our father's name.We are 3 (lets say A, B, C) brother and 6 sister (say D, E, F, G, H, I). 2 sisters had passed away (say H and G) among which one (say H) have made a notary will (since she had no legal heir) of her undivided portion to another's son (G's). Now G's son want to gift his "G" th portion & also "H" th portion to the rest of us. G's son has not been taken probation till now for H's will. Now my questions are-

1) can we mention " "H" 's son is gifting his "H" portion as well as "G" 's portion" in the gift deed (based on the notary will) ?

2) if it is not possible then how can we solve this problem.

Plz note that though G's son has no demand from this land. But also he don't want to suppress the will. He will sign on the gift deed only if it is mentioned that he is gifting "G"'s portion also.

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6 Replies

Siddharth Srivastava (Advocate) 17 August 2017

Firstly son is required to obtain Probate in respect of WILL and only then he can gift the property to the person concerned.

Biswajit Dey 17 August 2017

I heard that it takes 1 or more year to take probate. Isn't there any way to resolve this issue more quickly?

Siddharth Srivastava (Advocate) 17 August 2017

Consult with details. Sidharth 9811776422

Kumar Doab (FIN) 17 August 2017

It is beleived that you are all Hindu.

The property is located in which city?

Is there any dispute between all legal heirs?

Kumar Doab (FIN) 17 August 2017

It is mandatory to probate the WILL in presidential towns of Mumbai, Chennai,Kolkota………..

It is not mandatory to probate at other locations…

The probate has its hazards, time frame (as posted by you), own expenses + lawyer's fee..............other fee's

Kumar Doab (FIN) 17 August 2017

If WILL ( valid WILL) is not contested and there is NO dispute/differences amongst legal heirs then;

It is simple matter of ‘Testate Succession’.

The process and procedure and forms might also be available on website of O/o Authority under whose property falls e.g; MC….Or it is certainly available in O/o Authority………… Generically speaking: The certified copy of WILL, death certificate, legal heir certificate are basic requisites…………….The O/o Authority may ask for NOC from all legal heirs (other than beneficiary) and/or release advt in newspapers asking for objections if any…………..and/or O/o Authority may write to all legal heirs (other than beneficiary) to lodge objections if any in set time………………… and in case NO objections are lodged authority may act upon the WILL and transfer ownership in the name of beneficiary(ies).

Once the WILL is duly acted upon without any cloud on it then owner can dispose can the property by any valid/registered deed say ;Gift deed…