Legal Question in Wills and Trusts in India

A close relative of ours , a widowed lady of 72 years , without having any children ,wishes to allow her nephew( say A) and his family to live with herin her flat and help her in old age. The Flat is her own. To reward them, she wishes to pass on the owner ship of the flat to him after her death. However to ensure that they would continue to serve reasonably in her oldage and sickness the following arrangement is thought of :
She would make a will where by the nephew (A) would get 50% share of the flat And her brothers ( Say B and C ) would get 25% each . After her death the brothers would relinquish their share of 25% each in favour of A. This is just a check on A to take proper care of her . The brothers , who really do not wish to have any share of the flat would ensure her wish and pass on the whole title to A in due course. .....The questions are ..1) is this arrangement legally valid?..
2) After her death can B anC relinquish their share in favour of A by a simple letter?... C) Will that procedure involve any stamp duty or court order or other legal procedures?

Asked on 3/29/11, 3:13 am

Sanjay Kalra Sanjay Kalra & Associates

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The answers to your questions are as follows :-

1) No

2) When the answer is No for the 1st question then answer to question 2 and 3 are irrelevant and is on negative .

Answered on 3/29/11, 4:38 am

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