property acquired as per WILL
2 years ago
My friend has a brother and sister and acquired properties as per his father's WILL,whereas one house was given to both the sons and one son want give his share to his brother after taking the money as per the agreed value.So in this regard what documents have to be drafted to get his brothers share after giving his considerate amount to get the complete right and ownership of the house.
A.Dear Sir,
It may be transferred by way of executing a regular sale deed or a Gift Deed or any other settlement deed. In the said deed it must be clearly mentioned that sufficient consideration was given to him and accordingly such deed was executant.
In the process of transferring property, there are a number of paperwork that must be completed. You must first offer an undertaking outlining the following criteria, after which you must create a mutual agreement. You can specify in your will that you will share the required percentage of property with your brother. It is recommended that you consult with a lawyer and write the necessary paperwork.
Thank you.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
There are a number of documents that have to be done in the process of the transfer of property. First, you have to be given an undertaking stating the following conditions, then draft a mutual agreement. You can write in the will that you are sharing the requisite portion of the property in the name of your brother. It is advisable to go to your nearest lawyer and drafting the requisite documents.
Thank you.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If that Will is duly probated and the brother who wishes to sell his undivided share to his another brother and if his name has been mutated in the Record of Rights,then through registered Gift/ Sale Deed the property can be transferred. Please take note that in case of registered Gift Deed, Stamp duty will be nominal but there will be no official record of payment of Sale Consideration.