POSTED BY May 28, 2013 1:35 am COMMENTS (3)ON
As I pose this question, I am making some simplifications and generalizing the scenario so it will be of use to many who read this.
A man and his wife have three sons. The man builds a house with his savings. After living for many years in the house, the man passes away leaving the house to his wife in his registered will. The property is officially transferred to the wife’s name. After some years the wife passes away, leaving a registered will passing the entire house to one son Anil. In order to formally transfer the property to Anil, do the other sons need to provide their consent in the form of no-objection certificates? Or is the registered will adequate to make the transfer?
Is the property considered self-acquired by the wife (she was married to the man for the entire time that he saved money to buy the property and bought the property)? Does Hindu Succession Act have any bearing on this?
Thanks in advance for those who respond. I would especially love to hear Manish’s thoughts.
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3 replies on this article “Executing a straight-forward registered will”
please add following to my earlier reply:
this is applicable for other than presidency towns i.e. mumbai, kolkatta, delhi and chennai. for presidency towns, the court probate is a must.
‘ In order to formally transfer the property to Anil, do the other sons need to provide their consent in the form of no-objection certificates? Or is the registered will adequate to make the transfer?’
as Ashal said, this is more a legal matter. however i like to point out that if other sons and other first line legal heirs (as per Hindu Succession Act. , if any) provide their consent , the registered will is adequate to make transfer, otherwise the court’s probate in the matter is required on basis of the will. the benefit of registration is that it would make the process for getting probate is easier than non registered will.
Dear Sujoy, in both cases as the property was transferred under a registered WILL, other 2 sons can not have a claim under Hindu Succession Act. This is my understanding only. Please confirm this with an advocate dealing with civil matters as it’s less a personal finance matter but more a legal matter.