• Transfer of property without a will

Hello,
My house is the name of my Mother & aunt. My mother expired without leaving a will. She is survived by my Father & me. The house needs to be transferred to my name and I am the only daughter. My lawyer has prepared the documents for registry of house in my name where my aunt & Father will waive their share and this will cost us stamp duty of 3.5 lakhs.

I got a second opinion and came to know that my Father & Aunt can have a registered will for transfer of property to my name and after their death the house will be automatically transferred to my name. By following this process I will be saving the stamp duty cost.

I want to know that if I go ahead with the registered will process, what legalities/documentation will I have to follow after their death? Will I have to get the house registered in my name after their death & pay stamp duty at that time or the stamp duty cost would be saved?

Thanks in anticipation.
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

your mother had 50 per cent share in the flat

2) on her demise her 50 per cent share will devolve on you and your father

3)your father can execute relinquishment or gift deed for his one fourth share in flat

4) you should then transfer mother share in flat in your name

5) your aunt can execute will bequeathing her 50 share in flat in your name

6) on basis of will apply for mutation of aunt 50 per share of flat in your name

7) probate of will is not mandatory in UP

8)you will save the stamp duty costs on transfer of flat in your name

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

Your idea to get the property transferred to your name is no doubt good idea but the undermentioned issues have to be considered:

The property can be transferred to your name only after the lifetime of the testators i.e., your father and aunt, until then you cannot claim even a share in it.

Whether a registered will or not, it is liable to be changed/cancelled/modified/revoked during the lifetime of the testator. Therefore there is not guarantee about the will.

Unlike the present arrangement wherein the property can be taken possession by you immediately, in a 'will' if it is objected by anyone at a later stage, the same has to probated by a court of law which will be a tedious process and costly.

The hidden costs and expenses that may incur at a later stage is not known now, hence you may decide to proceed with the known cost of the present stage which would be a better option.

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

1. The will takes into effect only after death of them.So you will have to keep patience till that time.

2. For this your father and aunt can make a registered Will in your name.

3.However do note that the Will can be changed at any point of time by the maker of the Will.

4. Neither Will nor mutation of the proeprty in your name on their death attracts any stamp duty.

5.however on their death you need to apply for PROBATE of the Will from the local court which entails in considerable expenses.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

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