Property papers and will papers
2 years ago
The property I live on is in the name of party A. Party A acquired the land on a stamp paper of Rs100 which is notarized as the transfer of land in my area happens on stamp paper, registry of land does not happen in this area. Now, the land has a two-story house. The first floor ownership has been given to Party B on a stamp paper of Rs100 which is also notarized. My question is - Is party B the legal owner of the first floor?
My another question is - Party A has made a will to transfer everything to party B and after party B everything will be transferred to her daughter but her daughter's aadhar card is not attached in the papers while Party A and B have their aadhar card ids attached. Only daughter's name is written and no other information of daughter is mentioned. The will is also notarized. Is the will valid?
To enforce the ownership the only stamp paper is not enough it needs to be registered and the will as well.
As soon as the ownership is transferred to party B by his choice he can transfer it to anyone he wants but all this is again a matter post-party A's death.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
To enforce the ownership the only stamp paper is not enough it needs to be registered.
Yes, as soon as the ownership is transferred to the party he has the discretion to transfer it to anyone he desires.
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Any transfer on 100rs stamp paper is not valid and it must be registered. Will must be registered and it will come into picture only after the death of A. You may approach local lawyer with all your documents for more guidance.
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Nitesh Kumar
Responded 2 years ago
A.Hi,
With reference to your query, I would like to advise that legally, the property is having no ownership as land selling purchase needs to be duly registered vide Sale Deed or Conveyance Deed with Registration office after payment of due fees. If the registration is not permitted into the area then it means that the land is not freehold or regularized by the government. Hence any structure made on said land would be having no legal sanctity and hence it nullifies all further transaction as mentioned whatsoever.
A will in any format written by the testator and witnessed by two individual is good to be called as valid will. The name of the daughter is good enough to point who is the beneficiary.
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