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kiran (mydesig)     02 February 2011

nuclear family - succession

sir,

ours is a nuclear family , father,mother. we are two children. me (male) and my sister.

sister stays in USA, married to indian, two children. my father settled her property during her marriage and registered the property on her name while buying itself , intended to allocate to her.

remaining property , little land and a building which he allocated for me orally, is registered in his name.

actually i too contributed 50% (no documentary evidance )in this property through my earnings, to help the family. my father or mtther  did not inherit anything.

father and mother became old, and now i am skeptical what is the best and simple way to get these orally allocated property to my name.

 

1. will

2. registered will

3. gift deed

4.transfer the properties.

kindly give me pros and cons of each.

thanks in advance



Learning

 7 Replies

kiran (mydesig)     09 February 2011

kindly anybody advise please

Srinivas (Director)     10 February 2011

Kiran,


I will give you my input. Please also continue to get guidance from experts on this forum.

I would recommend getting a Gift Deed done (if you can afford the registration fees) on the value of the Gift.


If you want to defer the registration fees, then you can have your parents write a WILL and REGISTER it. The problem with this is you may face future litigation challenging the WILL.

In your case, better to spend the registion fees upfront and have your parents execute a GIFT deed.

 

Srinivas

kiran (mydesig)     14 February 2011

thank you sir.

by the way, if they have written a will, and say there is no challenge, what is the procedure to transfer the name from father to me ? ( in andhra pradesh)

 

thanks again.

Amit Gupta (Advocate)     14 February 2011

registered will is the best way....

since u r in the possession of the properties any challange made to the will wud not affect u.....

get it registerd ...though registration is optional but its prove of due execution.....

gift deed will cause u very expencive as it will cost about 5 to 7 % of present market value.

 

in any case the only person who can challange wud be ur sister so will is best option...

kiran (mydesig)     15 February 2011

sir,

can my sister's husband and / or their children also can challenge the will?

 

kiran (mydesig)     18 February 2011

sir,

 

in case of  gift deed,

 

1. whether my father can include a claus stating that the gift is valid only after his and my mothers life.

2. in such case if i want to take any loan , is it possible?

3. can he revoke or any body can challenge?

 

thanks in advance

kiran (mydesig)     20 February 2011

Sir,

 

if my father writes a will, i will bequeath all the remaining property (as he already settled to my sister).

In that case can he make me as an executor or exectutor must be another perston?

Please advise.


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