Legal Question in Civil Rights Law in India

Dear Sir,

I am retired (2000) engineer from SAIL , My wife retired (31/01/2011) as doctor from same org. and expired after suffering from cancer on 26/06/2011.The immovable property of one flat ,We have jointly purchased kolkata.

My only daughter PhD got married and presently in USA,

After demise of my wife all the bank a/c s were switched over with my daughter as either or survival basis.

Regarding the flat I made a registered WILL, the WILL made by the lawyer is full of mistake regarding my address, references etc. So I have to redo once more. Again draining out money.

When family consists of father and married daughter only ,please suggest me the following:-

1)it can be jointly done with the mutated deed of the corporation .From which my wife's name will be struck off and my daughter's name shall be added otherwise again I have to bear expenses to do fresh WILL and lot of job like probate etc to be carried out by my daughter after my demise and she can stay,enjoy,selling right for the flat also.

2) Family settlement deed seems within two members is meaningless as also time consuming, expensive, may attract some future problem of my daughter like in case my sister in law claims share of her sister [my late wife]and

3)I know that if I gift the flat to my daughter, shall not attract tax in the in the same blood line but I need both of us should have permanent address ,as required for police varification, Bank loan ,PAN card,bank passbook receipt and various other important jobs.

While on the subject I like to ask in case if I opt for clause 1 ) then the present WILL is required to be closed and for that

3) Should I send the cancellation letter of the registered WILL to the registering authority directly by registered post with a copy to my letter or I have to make a line regarding closure of the will in the mutated deed amendment itself.

While on the subject I like to point out that the spelling of the names of my have written with last alphabet written as Y and I from time to time for which I have made an affidavit with Sub-Divisional Magistrate regarding succession Certificate of my late wife at Durgapur,my previous home town .Hope this shall hold good .

.

SUSANTA LAHIRY SUSANTA LAHIRI

I know that taxation is not applicable in same bloodline.My point is that myself and my daughter need a permanent address as this is required for passport,police verification also like Bank for dispatch of cheque book,PAN card .I do not have any other house/flat in my name for citizenship status.Permanent address is very important thing for identity.After gifting to my daughter now I loose my absolute ownership ,voting right etc

In view of forgoing I want to delete my wife's name and add my daughter's name along with me in corporation mutated deed agreement . Moreover in WILL, the advocate wrote my last workplace as TIISCO,incomplete address,grammatical mistake and registered the same thru registrar of assurance kolkata.As such this deed is meaning less and may give scope to my in laws to get hold the propriety in my absence as they are under bloodline of my late wife.So I want to cancel the registered WILL.


Asked on 5/09/13, 9:09 am

2 Answers from Attorneys
uttam Tibrewal

dear Sir,

You are right ... this present Will which is full of error shall create lot of problem to ur daughter in future so its better to draft a new WILL and cancel the present one .. Sir for any query in the matter do contact me at [email protected]

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Answered on 5/09/13, 9:35 am
Fca Prashant Chavan Expert Edge LLP

10.05.2013

Dear Susanta,

Make a Will transferring all the property you have in the name of your daughter if you wish that she should be the beneficiary and if you wish to transfer all the property during your lifetime, make a Gift Deed and transfer all the property to your daughter.

Regards,

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Answered on 5/10/13, 5:56 am


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