I have a 2 BHK apartment.
In absence of a will and in the event of my death who all can claim my apartment? Can my wife, brother, father or mother make claim on the apartment? In case of multiple persons making a claim, who gets the apartment? Do they file a case and the court decides?
I want the apartment to be given to my wife in the event of my death. I want to make a will in this regard. What is the process to make a will. What is the expected cost of the same?
In case I have a will which gives the property to my wife in event of my death, can anyone else in my family still make a claim for the property?
How does the property get transferred to my wife's name in case there is a will in her name? Does she have to pay any taxes, registration fee, stamp duty, legal charges etc.?
Children, spouse, parents are all Class 1 Legal Heirs.
Any Testator (who makes the Will), can give his property to anyone.
Only Class 1 legal hairs can challenge such Will, if testator is not giving any part of his estate to them, when they are in dire need of a house or money.
To make claim on the apartment the legal heir named in the Will needs to take a Probate of the Will.
In Probate hearing, Court gives a chance to all the interested relatives (class 1 legal heirs) to give their saying or objections, if any, on the Will, and when all such objections or queries come, they are given chance by the Court for hearing and writings in the Court, then Probate to the Will is given, which the legal heir can use it to become legal owner of the property.
Once Probate to the Will is obtained, then nothing will prevent the legal heir to transfer property in her/his name, as its owners.
Do check the resources we have created on our Helpline page. Here is the link
http://lrc.moneylife.in/feature/lrc-resources/
Shirish Shanbhag Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, a Diploma in a French and has completed his LL.B. in first class, in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, where he taught theoretical and practical chemistry. Post retirement in 2012, he started providing guidance and counseling to people on several issues, with a specific focus on co-operative housing society related matters. Adv Shanbhag has a kee
AV Shenoy AV Shenoy hold degrees in both Mechanical and Electrical Engineering from VJTI, University of Bombay and a Post Graduate Diploma in Industrial Management from Jamnalal Bajaj Institute of Management Studies. Worked as a Design Engineer in Electrical Business Group of Larsen & Toubro Ltd. at Powai from October 1969 to September 2001 and retired as Dy. General Manager. Also worked as a Facilitator/Trainer for implementation of Total Quality Management (TQM) and ISO 9000 in the organization. Since r
Abhay Datar Abhay Datar is a consumer activist. After working at Bank of Baroda for about 29 years, he retired as IT Manager. After retirement, Mr Datar joined Consumer Guidance Cell of Mumbai Grahak Panchayat (MGP) in 2008 and solved many cases related to banking including online fraudulent transactions, misuse of credit cards and ATM cards. Also handled cases related with mobile banking frauds and mediclaim. He was a Member of the Managing Committee of MGP till March 2021.
Shailesh Gandhi Shailesh Gandhi is a former Central Information Commissioner for the Right to Information Act. He is a successful RTI activist and a regular speaker at Moneylife Foundation.
SD Israni Dr SD Israni is an Advocate & Partner of SD Israni Law Chambers and has over 37 years of experience in the field of Corporate, Commercial and Securities Laws. He has simply written the book on Indian securities laws, copies of which he kindly donated to Moneylife Foundation library. Dr Israni's professional achievements are formidable. He was a member of the Naresh Chandra Committee for simplification of Company Law relating to private and small companies. He has been on SEBI's committee on
Dr Rajendra Ganatra Dr Rajendra M Ganatra, was a banker for two decades and is now a registered Insolvency Resolution Professional, restructuring consultant and visiting faculty for MBA. He has more three decades of experience in project finance, asset reconstruction and financial restructuring. He is a Registered Insolvency Professional and has been the former MD & CEO of India SME Asset Reconstruction Co. Limited
Samir Zaveri An extraordinary activist who has dedicated his life to the cause of railways, with a mission to help every rail commuter and accident victims, and improve Railway safety.
Yogesh Sapkale Yogesh Sapkale is Deputy Editor of Moneylife and writes on legal, RTI, and consumer issues
Sucheta Dalal Trustee - Moneylife Foundation
Please do not share in your query any personal details like name, mobile number, email ID, address, bank account or other account details.