1) you cnanot have proeprty regsitration transferred in your name
2) as per property bequeathed to mother on her demise you would be absolute owner of proeprty
3) regsitration of will is optional
4) mother can make a will for her share in proeprty
Transfer of property
My father and mother jointly owned a property. MY father expired two year ago. The property is willed to the surviving spouse, and on death of both, to me. My father has made a will accordingly, though it is not registered.. Also, there is no separate will made by my mother, she has signed the will made and signed by my father agreeing to what is written therein. My questions are: a) Can I have the property registration transferred on my name? b)Or is it advisable to do it after my mother's demise? c) Is the registration of the Will mandatory? Can it be done now? d) Is my mother required to make a separate will now?
Asked 7 years ago in Property Law
Religion: Hindu
17 Answers
Will there be any hurdles later if the names are not changed, when I inherit he property? There will be no issues from my siblings.
Asked 7 years ago
1. Sir from facts it looks mother is still alive and healthy.
2. So in case to get the property transferred mother need to make a gift deed in your favour.
3. See i would advise to get a gift deed from mother in her life.
ALso the will is effective only on demise.
4. Now it cannot be registered though registration is not mandatory,
5. Yes your mother is required to make a seperate will mere signing wont make it her will. So to avoid dispuite it would be advisable that either mother gift complete property in life or make a seperate will in your favour,.
If there is no issue from siblings then there wont be any hurdles but in case of demise of mother without will her share shall go to all siblings and then you need to get a relinuishment deed for same.
Dear Client,
Dose will attested by 2 witness,it not than it`s invalid.
Only after mother death, property will transfer in your name.
Registration not madatory and it cannot be done after father death.
Sibling can create issue, your mother can gift you the property.
you can transfer only half share to your name which is Willed to you by your father, only after your mother dies, because she has life interest for that half share as per your father's Will
your mother is still living so till the time she is alive she remains co-owner of property
if your mother wishes then she can gift her half share to you through a gift deed and thus you can become full owner of property
your mother can also make a Will of her half share in your name. But that half share will be transferred to you only after your mother's demise
a. Since you mother is having only in life interest over 1/2 of this property, she cannot alienate the entire property in your favour at the present.
b. Do this transfer after your mother leaves for heavenly abode.
d. No
you should apply for probate of will on father demise
2)notice would be issued to legal heirs
3) if no objections received you would get probate in 6 months
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.. If he made a will then you cannot claim any share without consent of your mother.
After your mother all your siblings and you are legal heirs.
An unregistered will is valid if it conforms to legal requirement of two witnesses who have signed the will in the presence of the testator and the testator has signed thewill in their presence.
Not required incase if you are only legal heir.
Hi,
As per the input given here, the property belongs to your mother now and you may get it registered at your name after demise of your mother. The registration of will is not mandatory but you may have a will from your mother as well and get it reigstered.
This is my response to you:
a) Can I have the property registration transferred on my name?
Answer: You will have to respect the Will;
b)Or is it advisable to do it after my mother's demise?
Answer: Only after death of your mother, you can file a claim;c) Is the registration of the Will mandatory? Can it be done now?
Answer: If Will is registered it has more probative value. It cannot be done now, since the father has expired;d) Is my mother required to make a separate will now?
Answer: Not necessary. Your father has clearly stated the terms I guess. Consult a local lawyer, let him/her verify the clauses. If the clauses are upto mark then your mother need not make a Will.
Notify the Registrar who has the custody of the Will of the death of the Testator of the Will.Thereafter request for certified Copy of the Will. The designated person to carry out the provisions of the Will should then assemble, as far as possible all those who are affected by the contents of the Will, read out the will in their presence, and take their signatures or thumb impressions in token of having noted the contents, and thereafter provide notarised copies to each of them in order to establish their respective claims. It is advisable that the Family lawyer be consulted and requested to be present when the Will is opened. Each beneficiary can then furnish a certified Copy of the Will to the concerned public authority to effect the transfer of title from the deceased to the new the designated successor.
- As per the information mentioned in the present query, makes it clear that Will has not be registered.
- Once the person who has executed the will is no more then there is no question of its being registered.
- You may claim your rights over the property after getting the succession certificate from the civil court of law.
- In fact, even if you succeed to get your right over the potion of the father and that is also half as half would go to mother again as per law of Succession.
- So, I advice you to wait till the demise of your mother so that whole property may come to you.
First of all you have to get your property will registered and probated as your mother is alive and later on after the demise of your mother that will be no problem getting the property transferred in your own name and your other siblings will have no rights on the property.
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Property can not be transferred on your name because as per your fathers will property is transferred to your mother, after your mother's demise property transferred to your name and you are the owner of said property
Registration of will is optional, your mother can make separate will
If in future you are thinking about any hurdle by siblings then you can get gift deed from your mother or your mother can make will in favour of you
Will should be signed by 2 witnes registration is optional
1. Since your mother is a joint owner, she will be entitled to half share in the properpty automatically and in the other half share of property, she will be entitled to half share while you will be entitled to half share out of the share of your deceased father's property.
In the joint Will, your mother cannot enforce the same being the testator and beneficiary herself.
Therefore, she may have to execute a registered release deed in respect of her share out of your father's share in the property relinquishing her rights in it as well as to transfer her share of property in the whole property in your favor by executing a registered settlement deed. After following this procedure, you will become the absolute owner of the property, provided there are no other legal heirs to succeed to the estates of your deceased father.
2. The procedures will be different after the lifetime of your mother.
3. No, it is not mandatory, it cannot be registered at this stage.
4. If your mother wants to transfer her share of property to you then she may adopt any method i.e., either settlement deed or release deed or by Will.
Will there be any hurdles later if the names are not changed, when I inherit he property? There will be no issues from my siblings.
Your siblings are entitled to an equal share in the property that belonged to your deceased father, this is an hurdle even now, hence you may have to get their relinquishments even at this stage