LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashish Kumar Mahanta (Software Engineer)     10 June 2013

Wasiyat- in favour of single son

Dear All,

Father has its own property. If he ready to make new wasiyat, in which he wants to give his land to one son out of two.

Then does son has to re-register the land again? What else procedure father has to do to make new wasiyat?

How does and from where does, father will get it approved ?

Regards,

Ashish



Learning

 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     10 June 2013

Wasiyat... i.e. Will, right? If your father wants to make a will and bequeath his entire property to only one son, he can do it. There is no need to get anybody's approval. Execute a will and get it signed by two witnesses. The effect of will is after the death of the testator. After the death of the father, the son can transfer the property in his name on the basis of the will.

Adv k . mahesh (advocate)     10 June 2013

what about other son if he files for the share in the property another legal hurdle

if you father had made new wasiyat on your name after your father you have to transfer on your name 

HIRAL THAKKAR (ADVOCATE )     10 June 2013

Your statement "If he ready to make new wasiyat, in which he wants to give his land to one son out of two." it creates a sense of force or pressure on your father and the other legal heirs can challenge the execution of the will. Please note will has to be out of free will and consent and not under anybody's force or pressure.

 

Regards

bhagwat patil (Property due diligence 9422773303)     10 June 2013

The property shouldn't be ancestral one.

Ashish Kumar Mahanta (Software Engineer)     11 June 2013

Dear Archana,


As you said, "After the death of the father, the son1 can transfer the property in his name on the basis of the will.' Since property is freshly owned by father, do son1 has to registered it again on his name (like stamp & land registration)?

If son1 starts building home at such land and after some time father has decided to make new WILL and give some land to another son2 then what will previous son1 will do? It's completly loss of money by him.

Suggest me how can son1 get full assurance of it so that he can start building home on that land. Here, chances are very complicated (if, WILL get changed by father after some time).

Regards

Ashish

 

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

Effect of the Will is only after the death of the testator and it can be revoked during the lifetime. So the ownership cannot be transferred to the son during the lifetime of the father in case of a will. So if you want to start construction and want to have surity about the ownership then, ask your father to execute a gift deed instead of a will, so that the ownership is transferred now only.

Ashish Kumar Mahanta (Software Engineer)     11 June 2013

Dear Archana,

Thank you very much Archana.

Since in gift deed, son has to bear stamp and registration charges, right?

Regards,

Ashish

Adv Archana Deshmukh (Practicing Advocate)     11 June 2013

The father can also bear the charges if he would like to, there is no law which says that  donee has to bear the stamp duty.

Ashish Kumar Mahanta (Software Engineer)     11 June 2013

Dear Archana,


Sine it was already registered on the name of father. Do son has to register it again?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register