kumar (hhhlili) 31 July 2016

WILL

My dad had purchased property on my grandma's name and he has acquired it back through gift deed from my grandma and he unfortunately expired Without writing a Will. We are a family of four which includes my mother, myself and my two sisters. We four has written a partition deed excluding my grandma. My grandma is 96 years old and she is on bed now and her two daughters are still alive. I need your experts opinion on below.Will my grandma comes as a legalheir when it is self acquired and that too my grandma has gifted to my dadIf the answer to above is "Yes", then my grandma writing a Will to me with a witness sign by my aunt's is a solution? Otherwise please provide solution.

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saravanan s (legal advisor) 31 July 2016

Yes grandmother is also a class one legal heir of your father.she can relinguish her share through a registered relinguishment deed

kumar (hhhlili) 01 August 2016

Thanks Sir. My grandma is hospitalized and can't walk. She is on bed now. Can we still go for relingushment?

Nitish Banka (lawyer) 01 August 2016

Please ensure that she has mental capacity to understand the document she would be signing.

Warm Regards,

Nitish Banka

9891549997

Kumar Doab (FIN) 05 August 2016

PART V : OF THE PLACE OF REGISTRATION

31. Registration or acceptance for deposit at private residence
In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit:

PROVIDED that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.

https://dolr.nic.in/acts&rules/registrationact(1908).htm

kumar (hhhlili) 09 August 2016

I'm getting suggestions from local document writers to cancel the partition deed which was executed earlier and go for a fresh partition instead of ratification as it attracts heavy stamp duty. Is it safe to do that? . Please advise

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