Anonymous
Asked March 06, 2017

Partition of flat

  • 1 Answer
  • 327 Views

Hello Sir/Madam, Sub: Regarding our Flat partition. The current flat is jointly held registered(father,mother,me).I have a sister who is married. Due to office location,I am staying in another flat purchased by me. Now father wants to make a WILL where they would provide to me and stated that my sister will sign as Witness. My worry is: Is will authentic way of partition in this regard. Is there a chance of my sister raising claim after demise of my parent. Please can you suggest what approach is correct as my father is not willing to go for Gift. Thanks/Regds, Sujit Bhowal

Answer 1

Will is a legal document or instrument for transferring one’s property after his/her death to the nominee and is an absolute and enforceable document. Will making procedure is simple in India:

i.                    Will in India need not be made on a judicial stamp paper. It is however, advised that a Will is made in one’s own handwriting to avoid complications in case of any challenge.

ii.                  It is essential that the testator, i.e., the person making the will has the capacity to do so; this means that he should be a major (more than 18 years), of sound mind and the same should be done out of the free will of the testator.

iii.                A will in India must be attested by two witnesses who must witness the testator signing the will.

In this case, if your father makes the Will by fulfilling these essentials, i.e., if he is capable of making a will by law and if he makes the Will with the attestation of two witnesses (including your sister), then it will be considered to be a valid will and your sister would not be able to claim any portion of the property in question.

 

Through this will you will get only your father’s share of the property, your sister may claim a share out of your mother’s portion; this is because your father can make a will only for his share. There are two ways by which you may receive the entire property:-

i.                    Your mother may make a separate will for her share of the property; or

ii.                  Your mother may transfer her share in the property to your father and then your father may make a Will. This would ensure that you receive the entire property;  

In any other case, you will exclusively receive your father’s portion of the property, upon which your sister cannot claim any rights, and your mother’s property will devolve upon you and your sister equally as both of you are natural heirs of your mother.

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