LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am a per­son of In­dian ori­gin and hold a US cit­i­zen­ship. I have re­cently pur­chased a house in Delhi. Am I re­quired to file any doc­u­ments with the Re­serve Bank for the same?

- Shan­tanu Roy An NRI/PIO who has pur­chased res­i­den­tial/com­mer­cial prop­erty un­der gen­eral per­mis­sion is not re­quired to file any doc­u­ments/re­ports with the Re­serve Bank of In­dia. My fa­ther had pur­chased a flat in north Delhi from his own funds. My late fa­ther be­queathed the flat solely to my el­der brother vide a reg­is­tered will. Do I have a share in the flat?

- Sourabh To­mar Since the said prop­erty was a self-ac­quired prop­erty of your fa­ther, he is free to dis­pose/be­queath it to any­one. You shall not be en­ti­tled to any share in the said prop­erty. I have al­ready ex­e­cuted a will but want to make some changes in it. Is it safe to ex­e­cute a new will or will a cod­i­cil suf­fice?

- Ra­jini Sachdev A cod­i­cil only amends a pre­vi­ously ex­e­cuted will. Hence, the in­ten­tion of the tes­ta­tor has to be car­ried out in terms of the will read with the cod­i­cil. The cod­i­cil will not su­per­sede the en­tire will. If you wish to make only a few changes in your will, it is sim­pler to ex­e­cute a cod­i­cil in­stead of re-writ­ing the en­tire will. Your cod­i­cil must clearly set out the changes in the man­ner of in­her­i­tance. If you wish to make many or sig­nif­i­cant changes with re­spect to your heirs and man­ner of in­her­i­tance, you may ex­e­cute a new will in­stead. Once ex­e­cuted, the new will shall be con­sid­ered as your fi­nal will and shall su­per­sede your pre­vi­ous will/s. My wid­owed mother ex­e­cuted a gift deed of one of her prop­er­ties in my favour a year ago, which was not reg­is­tered. There­after, I al­lowed my mother and brother to stay in the prop­erty. Now my mother has ex­pired and I have asked my brother to va­cate the prop­erty. How­ever, he has re­fused to do so. How can I get back pos­ses­sion of my prop­erty?

- Snighdha Shah As per ap­pli­ca­ble law, gift deed of an im­move­able prop­erty is com­pul­so­rily reg­is­ter­able. Un­reg­is­tered gift deed does not trans­fer and con­fer any ti­tle in the prop­erty in favour of trans­feree. Ac­cord­ingly, you can­not claim ti­tle in the prop­erty on ba­sis of the said un­reg­is­tered gift deed. You may fur­ther note that since the gift deed is not reg­is­tered and the time pe­riod for reg­is­tra­tion of a doc­u­ment as pre­scribed un­der the ap­pli­ca­ble law has al­ready lapsed, the gift deed can­not be reg­is­tered now.

SHUTTERSTOCK

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