Will which is not divided pending 20 yrs now want to divide
legal advice of civil case in karnataka - there are 8 brother and sisters and made will while mother was still alive but it was not divided according to the will and it kept pending till 20 yrs and now one want to give as gift deed to other brother. what are the procedures?
Asked in Family Law from Hubbali, Karnataka
1) brothers and sisters can enter into deed of settlement for family property . have it duly stamped and registered .
2) any legal heir can execute deed of relinquishment to relinquish his share in property or execute gift deed in favour of his brother if he so desires .
3) gift deed has to be duly stamped and registered .
Is your mother alive? If she is no more then the contents of the WILL will take effect. Family settlement deed can be entered into by brothers & sisters and have it duly stamped and registered. The stamp duty fee is Rs.1000/- + Rs.500/- towards registration charges, from each legal heir, in the State of Karnataka. Relinquishment deed can be executed in favour of other legal heir or any legal heir can execute registered gift deed in favour of any other legal heir.
1. Query is not clear. Who made the Will? Deceased father or living mother?
2. However if the property has been willed by the deceased father and one benificiary wants to gift his/her shere to some other benificiary, then he can execute and register a Gift Deed of his undivided and undemarcated share of the entire property.