Legal Question in Civil Rights Law in India

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.

2) Family settlement deed seems within two members is meaningless as also time consuming, expensive, may attract some future problem of my daughter

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 at Durgapur .Hope this shall hold good .

SUSANTA LAHIRY SUSANTA LAHIRI


Asked on 5/05/13, 10:51 pm

2 Answers from Attorneys
uttam Tibrewal

Sir Susanta Lahiri..

No you not required to send any application for cancellation of WILL made by you... Sir since you need to give ur flat to ur daughter as well as ur other money and property to ur daughter then if you make WILL your daughter has to get it probate in order to be the true owner... so in order to avoid this its better to make a gift deed in her name ... rest as you suggest...

Sir at this forum its not possible to explain all the topics or have discussion so kindly mail me at [email protected] so that all querys of urs can be made....

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Answered on 5/05/13, 11:11 pm
Jayesh Desai Jayesh Desai

1) You do not need a Will, as you have only one child.

2) With or without a Will, she is the only heir who will get the property.

3) Get her name entered (mutated); in government records, that should solve your problem.

4) As you have only one child - whether you cancel the Will or leave it as it is does not make difference. In any event you are giving, all you have, to your daughter.

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Answered on 5/10/13, 2:46 am


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