Property inheritance
3 years ago
My mom is no longer alive and she had submitted my name to the society on form 14 as 100% nominee - where she has a flat in mumbai. This is also reflected in the will( notarized will /non registered). The society has asked me to get a release deed from my sister tp be able to transfer the property to me and am not sure she will give one. In the absence of the release deed if the property isnt passed on to me and in the event of my death - will my son be able to claim any property rights on the same,say along side with my sister( who may be alive then oost my demise ). Is it possible for me to give him any by way of any mechanism such as a conditional gift deed or a will etc
Ankur Goel @ Complete Law Shield
Responded 3 years ago
You can get flat on basis of WILL of mother.
you can go for declaration suit as last straw.
WILL is very important and everyone should make it (registration is not required).
so you also make WILL for your son. you cant do gift deed until it transfer to your name.
Tanmoy Chattopadhyay
Responded 3 years ago
Coming to the will, my suggestion will be to take a probate and loa of the will from a court and then everything else will be determined as per the terms of the will. The factum of non registration will not make much difference to the validity of the will if it otherwise is genuine and can be proved to be so in the court of law.
Irrespective of everything else you can always create a will or make a gift deed of any property which may or not may not belong to you but you cannot transfer any title better than one you got so there is no embargo in making the will or deed but what will be the ultimately transferred is the property that you will have at the date of execution of the will or deed or at any future date.
#Property
#freeLegalAdviceOnProperty
Madhura Akolkar
Responded 3 years ago
You can file a probate in respective court.for declaration of valid will.
You can not do gift deed because of owner ship.but you can make a Will in favour of him.and please mention all above conditions in that will. About your mother's will witnesses are important in the court.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since your mother has executed a will in your favour, you have the legal right over the title of the flat. If your sister doesn't provide you with the release deed, you can file a suit for title transfer, since by will you are the legal heir. In case of your demise, you son can claim right over the title, as he is your legal heir.
If you like my answer, please rate me.
As your mother has made a will in your favor, then you have the legal right over the property. You can institute a suit for title transfer in case your sister fails to provide the release deed. The title will be transferred in your name. In case of your untimely demise, your legal heir, i.e. your son would have a rightful claim on the title of the flat. You can pass on the property through anymeans.
Please rate me if you like my answer.
property issue
Property
Covered garage
Government Land Occupying
Balcony extension
