Legal Question in Real Estate Law in India
my mother died making a simple will
my mother died making a will on simple paper that the properties i e the house and the shop is to be transfered in my name .she was staying with me since me and my elder brother parted peacefully 20 yrs backafter the death of our father The house and the shop was purchased thereafter , in the name of my mother and me as joint holder.Now my advocate informs me that the will on simple plain paper is valid only if its supported with a doctors certificate,and since my share in all properties is 75%,since its in our joint names ,he will have to prepare a release document of the balance 25% share to be released in my name and a nominal stamp duty is to be paid please guide me how do i approach the above
2 Answers from Attorneys
Re: my mother died making a simple will
Will on plain paper is legal. Certificate of doctor is not mandatory. Doctor's certificate is taken by way of abundant precaution.
Re: my mother died making a simple will
Stamp duty should not be an issue; you may find it difficult to obtain signatures of other co-oweners for release of their 25% share. If they agree, go ahead with payment of stamp duty and get the property transferred in your name.
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