1. My grand mother purchased a property in 1965. 2. There are three children of my grand parents, my father, my father's elder brother, my father's elder sister. 3. My grand mother had done a Will said, two equal portions of the property to my father and my father's elder brother, and mentioned that the my grand parents have already paid dowry to my father's elder sister, so she has no portion or claim in this property. 4. My question 1: what is full proof procedure to transfer my father's portion in my name? 5. My question 2: I have a sister, so does she has any claim of this property? 6. My question 3: do we need to inform my sister that my father is going to transfer the property in my name? 7. My question 4: do we need any consent or NOC from my sister? 8. My question 5: does only a Will by my father transfer the ownership in my name without any dispute? 9. My question 6: what are legal documents, time required, money required. Does physical presence of my father required in court, because he is not so well?
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Apply for probate of will
2) probate is judicial proof that will is genuine
3) sister has no share in property during father lifetime
4) after mutation of property in your father name then father can execute gift deed in your name
5) sister need not be informed
6) her consent is not necessary
7) gift deed is better than will
8) you have to prove the will
1. Your father need to make a registered gift deed in favour of you.
2 No she has no right on this on life of father he can transfer on free will.
3. Not required.
4. No.
5 father can also make a gift in his life to transfer, also he can make a will that is operational after death of father.
6. Ses the transfer has to be done before subregistrar office he has to register gift deed in your favour.
You can apply for probate of will.
She has not rights.
Not required to inform her.
Only your father consent is necessary.
Either registered will or gift deed but better execute gift deed.
Pls consult local property lawyer.
You can do it with partition deed between legal heirs if any or if you are only there then you can directly start mutation process
1. If the property has been transferred to the name of your father, we can execute gift deed in your favour, which has to be mandatory registered after payment of stamp duty at sub register office.
2. Your sister has no share in your father's property during his lifetime. If he dies without leaving the will, then she would have a equal share in his property.
3. Consent of your sister would not be required since she has no share in your father's self acquired property during his lifetime.
4. It would not be required.
5. He can execute a will also, but the transfer of property would take place only after his demise. Your sister can also challenge the will in court and you would have to prove its valid execution. I would advise you to go for a gift deed.
6. Physical presence of your father would not be required at Sub registrar office.In special cases when sufficient cause is shown that a party to the transaction cannot come to the sub-registrar’s office, the sub-registrar may depute any of its officers to accept the documents for registration, at the residence of such person and it is fully valid in the eyes of law.
On the basis of Will , it will transfer in their name. Apply to municipal office for transfer of name attaching death certificate and copy of Will.
Neither you nor sister have any claim in fsther life time. And if father expired than sister too have equal share. She have to execute release deed to make you absolute owner.
If father is alive, he can gift the property to u. Sister have no say.
No.
WILL effective after death, gift in life time.
No court involment.execute gift deed.
Sir
You need to have consultation with copy of will and chain of documentation for accurate answers
1. If your father is alive then he may transfer the same through gift deed to you
2. She does not have any claim
3. no
4. no
5. will an be given effect to after death and in case he is alive then he may transfer the same to you by gift deed
6. Yes presence of father is required, stamp duty will have to be paid, make sister a witness to the gift deed. it will take 5-7 days and the lawyer's fee.
Regards
your father can transfer his share of property to your name by executing a registered settlement deed in your favor during his lifetime which cannot be disputed by your sister since this property becomes his own and absolute property.
Alternately he can bequeath his share of property to your name by a rgistered Will, but the problem is that she may dispute it though she may not win the case
Your father need not take her consent or permission to transfer the property to your name.
1. Get this property mutated, on the basis of will left behind by your father.
2. Yes, in case your father dies intestate, i.e., without executing any will in your favour.
3. No.
4. If your father is ready to transfer whole of his share in your favour, he needs not seek NOC/consent from anyone.
5. Not just will. He can pass on the property by means of a gift deed as well.
6. Yes, physical presence of your father in court is necessary.
Dear client
