A person may acquire immovable property in any of the following ways:
1. Through will.
2. Through partition deed.
Gift deed of immovable property.
Other non - testamentary instruments, which purport or operate to create, declare, assign, limit or extinguish whether in the present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property. Eg: Sale, mortgage, partition, release, settlement of immovable property.
Non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of creation, declaration, assignment, limitation or extension of any such right, title or interest;
If all the parties have share (common right) in the property then partition can be effected. If partition is effected through an instrument then such instrument must be compulsorily registered.
Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not.
A testamentary document by which a person bequeaths his property to be effective on his death is a will. The property will devolve on the person in whose favour it is bequeathed after death of testator.
Any person above the age of 18 years and mentally sound may execute will, but the will caused by fraud or coercion or by forcefully is not valid. Therefore a will must be executed voluntarily.
Parents or guardians cannot execute will on behalf of minors or lunatics.
Attestation by two witnesses is necessary.
Scribe (deed writer / advocate) cannot be called witness. Two independent attesting witnesses other than the scribe are necessary.
Beneficiary under a will should not sign as attesting witness.
In order to avoid disputes in implementation of a will, description of property and the beneficiaries should be clearly written without giving room for any doubt.
No stamp duty is required to be paid. Will can be drafted on a white paper.
It is not compulsory. Executant may register at his option. It is better to register the will. If original is lost, a certified copy can be obtained from Sub - Registrar Office.
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