Will of a property Will of a property

9 months ago

can I make a will of my share to my wife in a joint property which is inherited But property is not registered under my name as other shareholders are not giving their id proof nd does not want to registered under their names
I have won case court I have a flat and a share in joint property but it’s in my deceased mother name

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
For transferring your share in a joint property to your spouse either through Will or gift, you first need to be the owner of your individual share in the said joint property which was inherited by all the legal heirs in equal shares following the law of inheritance. In your query, you mentioned that you have won a Court case. So, in the absence of details of the said Court case, it may not be possible to respond to your query properly. You also own a flat and share in a joint property which is in the name of your deceased mother. So, considering the complexity, your query requires more details to respond suitably. In short, without being an absolute owner of any property, an owner cannot transfer the title of the property to others by any mode.
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Anik

Responded 9 months ago

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A.Dear client,
We would recommend that you first get your share by executing a deed. A partition deed for a property is executed to divide the property among different people - usually among the family members.

A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.

It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.

After that, make a will devolving your interest to your wife
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