If there are 2 floors then one floor will come to mother being 50 percent share holder
Percentage of land ownership in freehold property consisting of 3 floors
My grandmother bought land 150sq yaards and build a house consisting of ground floor and terrace. She gifted my mother the terrace along with roof rights by virtue of gift deed. Mother built two floors and is currently residing there. She has got the two floors registered in her name and pays property tax each year for both her floors. The ground floor is registered in my grandmothers name. My Grandmother wants to will her property (the ground floor ) among her 2 children equally, my mother being one of them. In the event of sale of the house consisting of ground floor and 2 floors, what percentage of land ownership would be my mother's considering she would be 50% owner of the ground floor and 2 floors along with roof rights (already registered in her name)
Asked 4 years ago in Property Law
Religion: Hindu
10 Answers
- Since, your grandmother bought the land , so this property would be considered as her self acquired property and by this way she having her right to gift to your mother .
- Further, as she has gifted the terrace then your mother become the absolute owner of the property and other constructed floor over the terrace.
- Further, now your grandmother having right on the ground floor only , and not the upper portion of the GF.
- Hence, she can write a write a WILL in the name of both the daughters equally for only ground floor . However a WILL can be executed only after the death of grandmother .
- If entire building will be sold then your mothers share will be 75% over the sale proceed.
Two floors above terrace constructed my mother will not be subject matter of will as she owns the two floor under the registered gift by grandmother. As per the terms of will, she will be fifty per cent owner of ground floor with other child of grandmother.
Grand mother in will should mention in will the proportion of land bequeathed to your mother to avoid legal complications in future
the will should mention that mother would be absolute owner of 2 floors in addition of 50 per ce t share in ground floor
can a will have all minute details mentioned? example intent of the person making the will, why now, division of movable assets like FD, money in bank account left after demise and jewelry as desired by my grandmother.
Asked 4 years ago
Will can bequeath movable and immovable property of testator
2) in your case if can contain provisions regarding money lying in bank accounts,fixed deposits,shares ,mutual funds ,jewellery etc
Your mother is already the absolute owner of the two floors of the structure which she constructed over the terrace by virtue of the gift deed executed in her favor.
The ground floor and land beneath is on your grandmother's name.
She has not bequeathed her property to anyone till date though she is desirous of transferring the same by a testamentary disposition.
Even after bequeathing the property as per the proposal what you have stated, the Will shall come into force only after her lifetime.
Hence for present your mother can be contended only with the property that is on her name.
A Will can be prepared by mentioning both movable and immovable properties that belongs to the testator which she would like to bequeath in favor of the beneficiary.
Yes
Dear Client,
To make your will precise and specific, lawyers alwyas ensure that you list all your assets, movable and immovable, in great detail.To have a legally valid will, one needs to have Details of Assets clause in their will.
Thanks & Regards
- Yes, a minute details WILL is a better option to remove the future hurdle
- Hence, she must give in detail why this WILL is written , and how this property came into her hand , and why she is writing this WILL in favor of her said daughter , and this WILL is irrevocable. And hence cannot challenge by any of the legal heir /relative , friends.
- Further, she can mention all the details of property and jewelry/assets in that WILL.