Legal Question in Wills and Trusts in India
This one relates to my spinster sr.citizen sster.1]has self acquired land ppty in district.held jointly [share not devided] &in possession of heirs of her co-ownners[her blood relation]--neither willing for mutual partition nor ready to pay the true value.challenging to settle issues in court[not possible due to her age[80+]} [2]the other ppty. is ownership flat in other distrct; which she was occoupying during her service &further till 4 yrs back but has been TRESSPASSED in her absence for last 1-5yr. kindly advise :--- a]whether she can tranfer her shere [50%] in un partitioned ppty. in [1] above by way of WILL/GIFT [free or conditional]. b]comarative safe path WILL or GIFT c] probate charges in case of will &stamp duty*registration charges in case of Gift to blood relation. d]is it possible to sell the other ppty.[ownership flat] on "as is where basis"
1 Answer from Attorneys
Yes, she may transfer, gift, or will her undivided share in the property on as it is where it is basis.