Legal Question in Real Estate Law in India

Can i make a Will,sell or gift property got through father's Will?

Dear sir, I got a portion of property from my father's total property through their Registered Will after their death. I want to know that (1) Can i make a Will in favour of some one on behalf of this Will? (It means i want to make a Will firstly and then i registered this property on my name.) (2) Can i Gift this property in favour of some one on behalf of this Will without registered it on my name? (3) Can i sell this property on behalf of this Will without registered it on my name?


Asked on 1/20/09, 4:31 am

2 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: Can i make a Will,sell or gift property got through father's Will?

What do you mean by registering in my name? Do you mean recording your name in the Revenue Records?

You became owner of property bequeathed by your father on the date of his demise, unless there is any special provision in that behalf in his Will.

Entering your name on Revenue Record is merely an formality and essentially for the purpose of knowledge of Govt about the person liable to pay the taxes and levies imposed on a particular property.

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Answered on 1/21/09, 2:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Can i make a Will,sell or gift property got through father's Will?

(1) There is no requirement of transfer of property in your name if you are making a gift or will. However, the gift or will you want to make has to be subject to the provisions of Hindu Succession Act. If you have a legal heir suriviving, the property being ancestral in your hands, you may not be permitted to make a will or gift the property.

(2) You may sell the property without first getting it transferred in your name, if the buyer is willing; because the buyer may insist upon clear title before entering into purchase agreement.

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Answered on 1/20/09, 5:41 am


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