• Change of ownership of a property

I am residing in mumbai. My parents are residing with me in mumbai. I have two married sisters residing in kolkata. We have a family house in Kolkata which is in my father's name. My father is in last stage of cancer and has got less time to live. I have following questions to ask:-
i) My father wants to transfer the property in my name. How he can transfer the property in my name sitting in mumbai as he is unable to move to kolkata due to illness? All property documents have been kept in locker in kolkata house. 
ii) He hasn't made any will so far.If he makes a will and makes me beneficiary of the property, is that sufficient to transfer the property in my name? What is the appox. expense of making a will?

Please advice.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) your father can execute will bequeathing property to you under the will

2) will should be attested by 2 witnesses

3) legal fees for drafting will vary depending upon lawyer engaged by you

4) in alternative father can execute specific POA in favour of your mother to execute gift deed

5) POA should be registered in Mumbai

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Hello,

First of all the POA will be registered in Mumbai only, you father can bequeath the property to you by means of a will.

The will is attested by two witnesses, and you may engage a lawyer for drafting the same, the fee will vary from lawyer to lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

He can execute a will in Mumbai itself, making you the beneficiary of the immovable property situate in Kolkata.

Will can be executed at the place where the testator is residing, Mumbai in your case.

Registration of will is not compulsory but advisable.

Let me know if you need any other help.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. he shall have to either convey the title of the property now by executing and registering a gift/settlement deed before the Registrar at Kolkata or execute a will sitting at Mumbail bequeathing his properties to you after his demise.

2. Since he is in a terminal stage of his life and is unable to appear before the Registrar at Kolkata, he can execute and Registrar a POA in favour oif yourself or any other person authorising the said POA holder to register a gift deed in your favour.

3. The said POA can be registered in Mumbai by commissioning the said registration (i.e. by calling the registrar to his bed for taking his signature and thumb impression for completing the registration of the POA executed by him).

4. Based on the said POA, its holder can register the gift deed in your favour duly conveying the title of his house in Kolkata in your favour.

Krishna Kishore Ganguly
Advocate, Kolkata
27430 Answers
726 Consultations

Your father should prepare a will for transfer of his self acquired property in your name. No need to go Kolkata just for the making of a will, he can prepare and registered a will in Mumbai. You had to choose 2 person as witness to show that your father has prepared the will through his free consent. If that house is self acquired property of your father then your father has absolute right to transfer it to any person either by gift of making a will. According to registration act a document can be registered in any part of India however the property in which respect document is being registered situated out of the jurisdiction of that registrar.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You should contact a lawyer and he will complete all the proceedings regarding making and registration of will. You should choose a person to act as executor of the will. it is necessary because without appointing a person as executor you have to take letter of Administration from the district court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. your father can execute a registered power of attorney deed in your favor with powers to execute a gift deed also.

Since he is in his last stage the POA will be valid till his last breath, so you have to transfer the property to your name or anyone's name during his lifetime only.

Alternately you can get a Will prepared and registered in Mumbai itself bequeathing his properties in your name, duly witnessed by two witnesses.

2. Based on the Will in yor name, you can apply for transfer of all the records in your name, if need be your siblings may have to express no objection to this acquisition.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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