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nayanshobha (none)     01 March 2011

Will and property

I live in UK for past 20 years.I called my father to UK to live with me 15 years ago as there was no one to take care of him.My brother and bhabhi lived in middle east at the time.Thy returned 5 years ago.They have a flat in the next building to my father's flat at a higher floor and there is no lift.They were using my father's flat and looking after it.

Now both of them are not keeping well and want to move in father's flat.My father has made a will in my favour passing the flat to me Which they are not aware.How can i protect my interest in the flat once they start living there.My father visits Mumbai couple of times in a year.He doesn't have any objection against my bhabhi who has been always nice to her.But he is not in good terms with my brother who is really nasty.My father is 87 years old and now not in a condition to resist them.

Is it possible to make some kind of written ageement that they can live in the house but they should give in writing that they will not claim right on the property..



Learning

 2 Replies

robin george (Lawyer)     01 March 2011

HI,

As your father is alive, firstly get the will registered if he has one..... but that is not fullproof as a later will by your father can negate the previous will...... and that can be a case if your brother comes up with a fraudulent will or a will from your father when he is in India.

You can execute a gift deed for transfer of the property from your father to you wherein the property is transfered to you. after that make an agreement with your brother to live there as a lessee.

You should also advise your father to appoint you as a nominee in the society.

Regards 

jyotirmaya behera (advocate)     02 March 2011

till now your father is alive that means that property is still under your father. so now dont think like that. just wait for the time. after your fathers death that property become your's.

you have will so dont take any tension. you can file case.


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