Is it true that a Muslim can bequeath only one-third of his property through a will? Is there any provision through which he can give all his property to any one he wants through a normal will? Can he make a gift of all his property without any restriction of one-third in a gift deed?
—Neha Jaiswal
Muslims are governed by their personal (Sharia) law and by the rules of intestate succession as provided in this law. Strictly speaking, there is no restriction as to the person to whom a property can be given through a will. However, under Muslim...
It is advisable to appoint an executor in your will - Livemint
My husband passed away five years ago and he has not left a will. I have a property that I jointly own with him. My daughter is married. My son is unmarried and he stays with me. I want to make a will. Can I make a will for the entire house or just half of it since I am a joint owner?
—Swati Nair
We are assuming that you and your husband held the said property as co-owners and not as joint owners and that each of you had a 50% share; your husband was a Hindu and was governed by the provisions of the Hindu Succession Act, 1956 (Act) on the date...
You can apply for probate even without a copy of will
My father had inherited some land from his father, who passed away two years ago. But he has lost the copy of the original will and his brother is trying to claim right over the property. Is there any way to nullify this claim?
—Sarvesh
While answering this query, we are assuming that your grandfather was a Hindu and was governed by the provisions of Hindu Succession Act, 1956, on the date of his demise and that your father and your uncle (your father’s brother) were the only surviving class I heirs of your grandfather at the time of his demise....
Sale deed not mandatory if property bought from builder
What is the difference between an agreement for sale and a sale deed? I bought an apartment in Mumbai and have entered into an agreement for sale which is duly registered. Should we make a sale deed after full payment? —Jigar Shah
We are assuming that you have purchased the apartment under the provisions of the Maharashtra Ownership of Flats (regulation of the promotion of construction, sale, management and transfer) Act, 1970, (MOFA) and that you have paid 20% or more of the purchase consideration till date and that you have executed a MOFA...
Intergenerational transfer of assets: will or gift deed?
Circa 1963: Devraj Gupta was a leading and astute businessman in Mumbai. Not only had he created a reputed business but also he had created assets and properties for his family. With age not on his side, he had a justified and growing concern: “If something were to happen to me, I should be able to ensure that these properties transfer smoothly to my wife and the next generation.”
On 28 March 1964, Devraj Gupta registered his will bequeathing his properties to his wife and sons in equal measure. He was a satisfied man that he has done what most...
Gift deed is considered valid when it is made voluntarily
I want to gift a commercial property in a co-operative housing society to my daughter. However, my sale deed is not registered. Is it possible to gift the flat to my daughter? What is the procedure and what are the documents required?
—Krishna Kumar
While answering this query we are assuming that you purchased the said commercial property over 30 years ago. We are further assuming that full stamp duty has been paid on the said sale deed in accordance with the provisions of the Stamp Act applicable to the state where the said commercial property...
Sale deed not mandatory if property bought from builder - Livemint
What is the difference between an agreement for sale and a sale deed? I bought an apartment in Mumbai and have entered into an agreement for sale which is duly registered. Should we make a sale deed after full payment? —Jigar Shah
We are assuming that you have purchased the apartment under the provisions of the Maharashtra Ownership of Flats (regulation of the promotion of construction, sale, management and transfer) Act, 1970, (MOFA) and that you have paid 20% or more of the purchase consideration till date and that you have executed a MOFA...
Probate
What is it?
It is a copy of the will of a deceased person which has been certified under the seal of a court having the competent jurisdiction. The jurisdiction to probate a will lies concurrently with high courts and district courts. Once a probate is granted by the competent court, the will is validated and can be then executed by the executor. A probate is granted to the executor implied in the will, if there is no executor then the court grants a probate on the beneficiary’s demand and appoints an executor to execute the will on behalf of...
Registering a will and obtaining a probate are mutually exclusive
What is the maximum time limit for getting a probate and the chances of its success if the will is registered? Is it necessary to call witnesses of the registered will? If the distribution of assets is already made as per a registered will, is it necessary to get a probate as the same may involve stamp duty and other expenses? If a registered will says the Hindu Undivided Family (HUF) be dissolved and be distributed among coparceners who are also members, can married daughters, not shown as members in bank records, lay claim?
—B. Kumar
There...
For property situated in Mumbai, probate of will must be obtained - Livemint
My father acquired a freehold plot and constructed a three-storey building on it. He passed away without a will. He is survived by his wife, a daughter who is married and two sons, including me. My siblings and I have surrendered our rights to the property in the favour of our mother. The property is registered in our mother’s name and accordingly the mutation is done. My mother has made a registered will. As per the will, the property is to be distributed among her children. Recently my family has disowned my son and his wife. In the present...
Probate of will is needed to establish right on inherited property in court
My mother and elder brother co-owned a flat in Mumbai. My mother wanted her share to be transferred to me and so she wrote a will and got it registered. My brother himself gave the nomination forms declaring the same to the society where the flat is located. Now that my mother has passed away, my brother wants to take over the whole property. He doesn’t believe that the will is genuine. Is probating the will the only way to go about it? Wouldn’t probating give a heads up to my brother to prepare a case against me? I have been advised to start...
Get probate or NOC from other legal heirs to avoid disputes
My father had executed a will in my favour stating, inter alia, that if any movable or immovable property and any liability that may be found anywhere shall belong to me and authorized me to settle and appropriate the same and got it registered with a sub-registrar in a union territory (UT). However, he forgot to appoint a nominee for shares of a few companies held by him in physical form and didn’t mention in the will too. For his shares in demat form, he made me a nominee and mentioned my ownership on these in the will. During the transmission...
It’s advisable to obtain probate if said will is contested - Livemint
I am the beneficiary and executor of my aunt’s will. She has left her property to me in Pune. I have not applied for a probate as my lawyer says that being the only beneficiary I do not need a probate. However, the housing society is asking for a probate before name change as they have received a letter from my cousin claiming that my aunt’s will submitted by me is a fake. If I die then do my children have to obtain probate for my aunt’s will since they are not named as executors in the will? Can the property be transferred to my name without...
Probate to be granted only to an executor named in the will
My husband died of a heart attack within two years of my marriage. My husband was the only son and his two elder sisters got married before our marriage and are settled in Mumbai. The only survivor is my 75-year-old father-in-law. A month before my husband died, he gave all his property worth about Rs.5 crore to his father through his will, giving me (wife) nothing. The will has been submitted in the Pune civil court for a probate. I have challenged the will. What will be the fate of the case if my father-in-law dies before the case reaches a...
