My mother has a property in Chennai which was transferred to her name after the expiry of my father (after we 3 children giving NOC).The property which is a flat is now given for renovation to a reputed builder by the all the owners in that flat for rebuilding (since it was in a delapidated condition) through a General Power of Attorney by all flat owners individually.The builder also is in the process of rebuilding the same and the work may get completed within another one yr. In the meantime my mother feels that due to her health conditions she may not live for long and wants to frame a will giving the property equally to all 3 of us. My question is 1)whether a will is necessary to be written since already the property will pass on to all 3 of us equally as we are the her legal heirs. 2)Whether the builder can misuse the power of attorney if my mother does not write a will. 3)Actually we have proposed to take another flat in lieu of the present flat in the reconstructed building and the builder also has accepted and has allotted that flat to my mother through a letter.Now if my mother wants to write a will should she write a will for the already owned flat or for the flat which we are going to take (for which registration is not over) Will be grateful if you could advise legally.
What is the cost of probating a will in Chennai.and how should it be done.
What if we do not register the will?
1) not necessary to execute a will as property would devolve on 3 legal heirs on her demise
2) if builder misuses the POA your mother can terminate development agreement sue builder for damages
3) wait till new flat is allotted to mother . sharing agreement between builder and mother should be registered
4) mere letter is not sufficient
Registration of the will is not mandatory. However, a registered will is considered to be a more authentic document
you have to file testamentary petition for probate of will
2) enclose death certificate of testator , schedule of property
3) pay court fees
4) probate takes 6 months if there is no contest
5)legal fees vary depending upon lawyer engaged by you
Yes, I would advise you to get a will from your mother otherwise the legal hurdles of getting a succession certificate will have to be faced.
Builder will have no benefir
Will is always good old register the same. No he can't misuse as there is other document as development agreement attached to it. Also check all the guidelines of redevlopment is followed by builder.
A local lawyer will be in a better condition to tell you the cost of probation
Dear Client,
NOC has no value, property at present too vest in all 4, 1/4th each and after her intestate death, her 1/4th share will inherit in you 3.
POA was to be given by all 4. Well, after her death, fresh POA will be require.
No WILL valid for future property. WILL execute for present property and shall be continued to exchange allotted property.
Probate is compulsory in Chennai, but when need arise. Heavy litigation cost.
Will dose not required compulsory registration but registered WILL has positive inference of its duly execution.
1. the children are not the only legal heirs of a female Hindu. Her parents are also her legal heirs alongwith husband and children
2. in your case your father is no more, so the mother's property after he demise will go to her parents and children equally
3. in case your mother's parents have already passed away then on demise of your mother only the children will inherit the property
4. if above is the case then a Will is not required
5. a Will can be made only a property which is in existence and is owned by the party who made the Will
6. even a future property can be bequeathed by a Will provided after the demise of the testator such a property should come into existence which would answer the description of such property as stated in the Will
1) Right now the building is under construction for redevelopment of old building, so there is no physical possession of the flat nor the correct flat number and on which floor etc. So the redevelopment procedure is under builder's hand. So there is no point of making a WILL.
2) After your mother the flat will get transfer in all legal heirs, just you have to kerp informed society member and builder that you three brothers are legal heirs of the flat.
1. No since you three are only legal heirs and no separate claim is there will is not required though for safety a registered will can be prepared.
2. See power of attorney is not valid after the demise of mother secondly builder has been given power to redevelopment only not to sale that should be specifically seen in POA.
3. She should write for the new flat and complete.transaction should be explained in will.
For probating will court fee as per state act and lawyers fee has to be paid so it is advisable to register the will it will only cost around 500 registering a will.
Unregistered Will's are more prone to dispute so better the will is registered.
1.No need for will,after your mother, property devolve amongst all legal heirclass 1 i.e sons and daughters.
2.if your mother execute a will then you have to probate the will.
1. If through this Will she would make equal division of her assets including immovable properties then there is no need to make the Will.
2. No, the misuse of POA has nothing to do with absence of Will.
3. If there are several flats which your mother is going to get form the JDA then it is better to make the Will so she can allot the flats now to avid future disputes among the siblings.
In an identical situation which i handled for a property at tiruvanmiyur wherein the owner of the flat wrote a WILL in favour of his only daughter. I was involved right from collecting facts about renovated property, family details and registered the WILL and GPA in saidapet SRO in favour of his only daughter.
My contact details is available in google .
G.Rajaganapathy
1. An unregistered will has very little legal value, in times of legal litigations.
2. A registered will is must for such properties, having proper strategic clauses and the history of property, and clearly outlining how it shall be inherited by the legal heirs.
3. The builder would be bound by the registered will and no mischief would be caused.
Keep Smiling .... Hemant Agarwal
Dear Sir/Madam,
My answers are as follows:
1)whether a will is necessary to be written since already the property will pass on to all 3 of us equally as we are the her legal heirs.
Ans: It is to avoid future complications it is better to have a register Will.
2)Whether the builder can misuse the power of attorney if my mother does not write a will.
Ans; Definitely.
3)Actually we have proposed to take another flat in lieu of the present flat in the reconstructed building and the builder also has accepted and has allotted that flat to my mother through a letter. Now if my mother wants to write a will should she write a will for the already owned flat or for the flat which we are going to take (for which registration is not over)
Ans: Without getting ownership a Will cannot be written but a reference may be made in the will about the old property and also about proposed property.
What is the cost of probating a will in Chennai. and how should it be done.
Ans; Please contact local advocate.
What if we do not register the will?
Ans: It will be having only 20% weightage.
The transfer of property by Will and ther intestate succession has got its own meaning, the latter will take legal process, but the previous one will be an easy transfer, hence you may decide.
2. The builder cannot misuse, but you can better obtain a Will.
3. Yolu mother can transfer the property by a Will only to the property for which she has got a title now, the proposed change in the flat is just an understanding hence that cannot be legally transferred.
Probate of Will can be taken up only when there is a dispute in it, since probate is compulsory in Chennai, a registered Will can take care of this issue.
The lawyer's fee for probate can be enquired from the lawyer who you would try to engage.
It is not mandatory to register the Will.
Hence it is your choice