Deed of partition should be entered into with aunt for division of land by metes and bounds
2) will takes effect on death of testator
3) will should be attested by 2 witnesses
4) registration of will is optional but Mandatory for deed of partition
How to relieve from liabilities of a property
My mother is 80 years old and she owns a single storied house on an undivided thika (leasehold) land at Kolkata (has a joint ownership of the land with my aunt who has a separate house on the same land). From 2017 onwards, after the death of my father, she is living with me at Noida. She now plans to donate the house and the undivided share of the land by creating a will with immediate effect to a person (having no blood relation with us) who was looking after her for a long time when she was living in Kolkata. I (the only child of my parents) have no objection in this regard as I have no plan to settle at Kolkata in future. Now my queries are 1. What are the formalities in this regard on the part of my mother and myself? 2. Does my aunt have any role in this process? 3. Whether my mother shall be relieved from all liabilities pertaining to the land and house after creation of the will and whether all the rights on the land and house will be transferred to the person immediately? 4. Whether physical presence of my mother/myself is required at Kolkata to execute the process (in view of the current pandemic situation) 5. Apart from Will, is there any other procedure through which the donation can be achieved?
Asked 3 years ago in Property Law
Religion: Hindu
22 Answers
1. If she wants to transfer her property by a testamentary disposition (Will), she can contact a deed writer and prepare a suitable Will based on the circumstances.
2. The share of your mother have to be identified for that your aunt has to cooperate to partition the property between them both.
3. No, it can be transferred only after the lifetime of your mother.
4. Not necessary.
5. She can execute a registered gift deed also.
1. Since the said property is undivided and in joint with the aunt , hence it is mandatory to partition the said property equally between them after executing a Partition deed .
- Further after getting the equal share your mother can execute a WILL or Gift deed in favour of that person , and further you will have to execute a Release deed as well .
- However, if this property is self acquired property of your mother , then your consent & release deed is not required
2. After the partition deed , your aunt will have no right and role in this process , but in the absence of Partition her presence & consent is mandatory .
3. If your mother will execute a WILL in his favour , then it will come in force after the demise of your mother , and not during her life time , but if she gifted that person then just after registering the Gift deed the property would be passed to that person.
4. A WILL can be prepared even at the home in the presence of two witnesses , and its registration is not mandatory legally, but for registration her presence or the presence of POA is required before the Registrar.
5. Gift deed.
It would be better if you execute a gift deed and the same has to be registered. Would like to suggest you to be a signing witness.
However your mother and you need to be present if you want to come down here , else she can register the same in noida also.
In case you need to proceed with this, feel free to get in touch with me.
Regards
If the property has to be given to him via will the property should be demarcated clearly and the ownership rights should be clear and undisputed.
The will can be registered in NOIDA. The will shall cime into effect after her death.
She can change the will if she so wants.
The property will be transferred to the person who is tge beneficiary after her.
For will there are no formalities. just drafting a good will and getting it registered.
aunt doesn't have any role
she will be relieved only after death as will is active after her death.
yes for registration its required but for senior citizens online registration at their houses are also active.
apart from will its only gift deed
1. This property can nit be transferred to anyone without the consent of Thika Controller.
2. No.
3. Thika property can only be inherited by legal heirs and can not be bequeathed to a third party.
4. First ask her to apply before the Rent Controller.
5. No.
1. Get a registered Will prepared for the purpose and a NOC from your side.
2. Mention specific directions and size of land, than your aunt will have nothing to do with this.
3. Yes.
4. Get the POA for this, than she will not be required there.
5. Gift
By Will only to an outsider for self acquired property allowed.
Will is not allowed in Ancestral property and and lease property because of lack of ability to have absolute ownership rights over the property.
Mother have to execute gift deed for transfer of ownership in her life time because Will is effective after death. Gift deed will register at sub registrar office in Kolkatta.
No.
Only after executing gift deed.
Your mother can give registered POA to any reliable friend/relative to execute gift deed on her behalf. PoA will register at your place.
In case gift deed is created, whether consent/sign is needed from the Aunt?
Asked 3 years ago
Nops, your mother can gift her partition area.
Yes,Definitely.
It is needed.
If it is not a self acquired property.
The property may have been acquired by gift may be advanced by Gift to family members and an outsider as well with certain rules and regulations.
You don’t need aunt consent for execution of gift deed
- If there will be Partition between your mother and aunt , then your aunts consent /sign is not mandatory and required.
Only if aunt has a share in the said property her consent will be required otherwise no consent required.
In case of gift deed the signature of donor and donee is required to be made before the concerned concerned registrar at the time of registration of the gift deed.
If the lands are clearly demarcated and her area's separate then no need to take permission from her.
She can execute will, she has the right to gift the property or will it to anyone she wants, and as a joint owner your aunty will not be able to raise an objection. . Will becomes enforceable only after the death of the testator..
your mother can execute gift deed without consent of your aunt.
No, Aunt is no where in the scene
Better make her a witness also.
Regards
1. Your mother can execute a Gift deed in favour of that person and your consent is not needed for that document because will is the instrument for transfer of property rights after death of testator and have no immediate effect.
2. No your aunt is not required for this transaction.
3. Gift deed will be best option.
4. Yes presence of your mother or her power of attorney is mandatory for transaction.
