• Validity of a Will and other posibilities

My Name is Arun Muthu B, only son to my Parents ( My Dad has passed away). My Father's Mother has a house in her name(she has 4 children) and she wants it to give it to me out of her free will. She made a will on my name and has registered it also. But My Father has three younger sisters. Two of them are ready to sign a NOC out of free will if necessary but one of them is refusing and demands house for herself. My Grandmother wants to know if there is any way she can legally transfer it to me without her consent. My Grandmother is helpless now as she has tried every arguement she can with my aunt(she has a daughter and two granddaughters). Its not an ancestral property, because she has bought the house from her dad when he was in a debt( so is mentioned on the documentation on it). My Grandparents have spent all their money on the daughters and their children so far and as her last wish she wants to do something for me but she is helpless with legal doubts. Her doubts:-
1.Is the will valid after her death?
2. Other better possibilities like gift deed without NOC from daughters? anything else?
3.She has included my Name on her Ration Card from my birth , does the transfer of property tax, water tax and payment of it for particular number of years , give me an upper hand or any legal rights?
4.Any way with Power of Attorney or Mortage it on my Name has a legal chance?

she dont want anyone to blackmail me or create problem after her death. She is 85 years old and thats why i am doing it on her regard. Please help with your valuable advice.
Asked 7 years ago in Property Law
Religion: Christian

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6 Answers

Dear Querist

My opinion on your queries are as under:

1.Is the will valid after her death?

Opinion: yes, the Will shall be valid after her death and if registered then nobody can challenge.

2. Other better possibilities like gift deed without NOC from daughters? anything else?

Opinion: there is no requirement for any NOC from her, your grand mother is the absolute owner of the property and has all rights over the property, nobody can restrain her to use her rights.

3.She has included my Name on her Ration Card from my birth , does the transfer of property tax, water tax and payment of it for particular number of years , give me an upper hand or any legal rights?

Opinion: yes, it will be.

4.Any way with Power of Attorney or Mortage it on my Name has a legal chance?

Opinion: no need to worry, Will is sufficient. After registering Will it will be better to published the same in newspaper and save those papers which will be helpful in future when she will tried to challenged the will in the court.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Please note that Will after death of the maker requires Probate from competent court of law in which procedure any of your aunts can challenge the authenticity of the Will. However of the Will in the suits proved to be genuine then you will be granted with the Probate anyway.

2. However if you want to avoid this complication s later on your grandmother can gift the proeprty right now. Once gift is executed and registered it takes effect immediately and your aunt can not challenge it later on.

3. So in stead of Will I would suggest you to go for gift deed only.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1) on grand mother death house will devlove on you as per her will

2) better option is for grand mother to execute gift deed in your favour during her lifetime

3) she does not ened NOC from her daughters

4) i presume your grand mother is of sound mind .

5) enclose her medical certifcate to gift deed

6) payment of property taxes, water bill does not give you any upper hand

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. If the house is registered in your mother's name coupled with the fact that no civil court has passed an order of injunction against her right to create third party rights or bequeath her property then she is free to make a bequest in anybody's favour. She does not require NOC from anyone. If she makes a will the property will devolve in terms of the will after her lifetime.

2. A gift deed can also be executed by her, in which event the property will instantaneously transfer to the donee.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The will shall be valid & enforceable only after you take probate on the said will after her demise. She is not required to take NOC from any body.

2.For will you shall have to take probate after her demise whereas for gift deed you shall become the title holder of the property immediately after registration of of the gift deed.

3. Title of property will be conveyed only after the deed is registered or will is probated.

4. You need not complicate the matter. A registered gift deed in your favor will make you the owner of the said property instantly.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1.Is the will valid after her death?

If the property stands on your grandmother's name, she will be having marketable title hence she can very well bequeath the property in your benefit, the others who object ot this are actually not entitled to any share in the property nor do they have any right or interest in the properties that stands in your grandmother's name.

Therefore the registered Will cannot be challenged.

2. Other better possibilities like gift deed without NOC from daughters? anything else?

Your grandmother can transfer the property in your favor by executing a registered gift deed, she need not obtain NOC from her daughters for this and since this done during her lifetime, it cannot be challenged after her lifetime by them.

3.She has included my Name on her Ration Card from my birth , does the transfer of property tax, water tax and payment of it for particular number of years , give me an upper hand or any legal rights?

No, don't try such illegal steps, get a legal transfer and transfer all other records to your name subsequently.

4.Any way with Power of Attorney or Mortage it on my Name has a legal chance?

This is a wrong idea or misconceived concept, do not adopt this idea because it will not confer title on you.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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