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Sivanesan   19 April 2018

Clarification need on property transfer

This is the regarding to get clarification on property transfer between my father in law(Father in law have 2 daughters, i married his 2nd daughter) and his elder daughter(who has been adopted to his elder brother). My father in law and his elder brother were together for 40 years. My father in law's brother who passed away one year back and wrote(willed) his property into two half(one for my father in law and another half to his adopted daughter). Now decided to give back the half of the property to my father in law. While transferring the property , Does she has enough power to return back to my father in law(with the help of willed)? Is there any rights for her son/daughter in transferring the property(now or future)?



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 3 Replies

Kumar Doab (FIN)     19 April 2018

Which personal law applies in your case?

Or are  all involved Hindu?

Is the WILL registered and/or valid and has been duly acted upon without any cloud on IT?

The doption is valid/registered per provisons of personal law that applies? 

The property bequeathed is self acquired/earned, ancestral?

Confirm!

Kumar Doab (FIN)     19 April 2018

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and fiind  procedure was duly complies and WILL was acted upon without any cloud on IT. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

Kumar Doab (FIN)     19 April 2018

The property that devolves by WILL is of nature self acquired and once WILL is duly acted upn without any cloud on IT the title holder can dispose IT in his life in anyone's favor by  a valid deed e.g; WILL.


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