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Sjenardhanan (QA)     21 September 2010

Registered will with a clause attached

 

My grandfather passed away leaving behind a registered will.  The content of the will are as mentioned below.

1) Land A and one shop will be for my dad

2) Land B and second shop will be for my dad's immediate brother

3) Land C and third shop will be for my dad's next brother

4) Land D, fourth and fifth shop, and a house will be for my dad's sister.

Now here comes the clause attached to the will.  My grandfather clearly mentioned that till my grandmother's lifetime she can enjoy the complete benefits from this property like staying in the house, giving the shops for rent, taking the rent, and also take the money from the lands since its full of cashew trees.  Grandfather said she can only enjoy the benefits and she is not entitled to make any changes to the will that he has made.  Now comes the important clause.  My grandfather also mentioned that the COMPLETE OWNERSHIP of all his property will pass on to his children in the way he mentioned only after my granny's lifetime.

Now, my dad passed away some years back and he did not leave any will.  My granny is still alive.  When we met our advocate, he said that whatever is in my dad's name will have to be divided among the 5 of us, i.e, my mom, us (we are 3 siblings), and my granny.  But how can that be true for the properties that had passed on to my dad from my grandfather.  So far, my granny is reaping the benefits from that particular property and neither my dad nor us had ever enjoyed anything from it and we know that we are not entitled to enjoy it now according to the clause attached in the will.  But at the same time, since my grandfather had clearly mentioned that the ownership of these property will pass on to my dad only after my granny's lifetime, how can my granny claim a share in this particular property again.  After coming to know that my granny will get 1/5th of the share from this property, she has clearly told my mom that she would like to give her share to her children (my dad's sibling).  Kindly let me know whether my granny will have a stake in this property because she is the one who is enjoying it right now and from what i understand the ownership will be in my dad's name only after my granny's lifetime.



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 14 Replies

suresh (Advocate)     21 September 2010

Dear Mr.Jenardhanan,

According to your grandfather will your granny is to enjoy the benfits from the property not for any share.

If you want any property share in the matter after demise of your granny only the property will be devloved accoding to the will only.

If you go against the will there is no legality in that regard.

Sjenardhanan (QA)     21 September 2010

thank you for the reply sir.  But can u be a bit more clear regarding this.  My question is since my dad passed away without leaving a will, will my granny get a share from this particular property since as per my grandfather's wish my dad will get the complete ownership of it only after my grandmother's lifetime.  I am aware that rest of whatever my dad has in his name already should be divided among his legal heirs (granny, my mom, and me and my 2 siblings) equally.  the question is pertaining to only the property that has been passed on to my dad by my grandfather since I believe it was still not in my dad's name when he passed away.   

Ramya (hr)     21 September 2010

My Grand father has five childrens out of which 4 daughters and 1 son. 2 daughters got married and settled first daughter diveroce and staying with father,last daughter was also settled well when he wrote the will but now she is mentally ill and 1 son he is settled.My grand father worte a will of 1 house to my mother (First divorce daughter) and other samll properties he approx shared and given to other expect son and also son has no problem as he well settled.My grand father expried 2 yrs back .Will was wrote in green paper and one lawyer asked to registered in court now he is not clear when we will get the registed copy & how much expensis ill take

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     22 September 2010

Dear Sjenardhanan

First of all the present Will Deed executed by your Grand Father is still under the limits of your granny and she is only a protector of the properties held by all the children of her.

Only upon demise of her, the properties will be divided till such time all the properties are one unit only.

After her demise, as per the terms of the Will of your Grandfather, your fathers share will be distributed among the legal heirs of your father i.e. your mom, yourself and other two sibilings. So you need worry for the property, better take much care of your grandma, to make happy of her last days.

1 Like

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     22 September 2010

Dear Ramya,

You have not stated from which region you belong to. Basically, the documents relating to immovable properties require several legal aspects. basing on the region, where the property is located, according to land of law, suggestions can be made easy for you.

Ramya (hr)     22 September 2010

Thank you for your reply,my grand mother expired before my grand father itself and am from chennai,property is a flat. the WILL was wrriten ( all the others are settled as my first daughter was divorced and staying with me and take cares of me so am giving this flat to my first daughter).one lawyer asked me to register the WILL and it will be valed only if you registed.so we have given the WILL to him and he said he have produced it in court...and from court they iill sent some card to all other daughter and son then only it ill get registered itseems...now am totally blank

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     22 September 2010

Dear Ramya

Since, the property is located in TamilNadu, the probate of will is required to be obtained by a Hindu is  compulsory for establishing rights. The procedure said your Advocate is true and correct. Hence, follow his advice.

Ramya (hr)     22 September 2010

Thank you so much for your support.Now our flat association have decided to domolish the current one and planning to bulid new flats,they confirmed the builder also...flat is a kind of housing board and its 25 Years old one. Now this ppl asking for orginal documents to submit so wat proff i can submit without any prob. i have sale deed and registered document (My mother have given that proprety to me)[WILL IS IN MY MOTHERS NAME]

Ramya (hr)     22 September 2010

Dear Narashima sir,

Documents i have now

1.Sale Deed

2.Registed document (Which my mother gifted this house to me)

3.Property TAX - Book in my grand fathers name(Also let me know how to change it to my name and wat are the documents i have to sumit it)

4.Water TAX - in the name of  my grand father name(Also let me know how to change it to my name and wat are the documents i have to sumit it)

Also let me know ,now after demolising the house and building new one will it be in my name ???

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     23 September 2010

Dear Ramya,

You have not furnished the Sale Deed details, i.e. who executed it, in whose favour it was executed.

If the buildng becomes old and if ur associations approves ur ownership it does not give title in proper manner, so kindly go to local advocate and make a due deligence, and  enter proper agreement with the Developer of the property to avoid any future complications.

Ramya (hr)     24 September 2010

I have a WILL stating that -My grandfather given this house to my mother but its in green paper with his sign in all the pages but it is in court now for registraion.

So,

1.Sale Deed - In my grandfathers name

2.WILL - In my mothers name

3.Registered Document - My mother given to me (My mother is with me now)

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     24 September 2010

Dear Ramya

It is enough, now as per the procedure of Munipality, you have to apply for mutation of your name in the records.

for which you have to submit all copies to them to mutate ur name with required fee.

 

Like wise, same with Electricity Department and Water Department

Ramya (hr)     24 September 2010

Thank you so much for your continous support and imm response.

Sjenardhanan (QA)     17 June 2011

 When we approached our lawyer here, they are saying that soon after my grandfather's death, the property has come into my dad's name and that since the taxes for the particular property are being paid in my dad's name, my grandmother is entitled to get a share from it?  Is that true?  If so, what happens to the clause? Will there be a way that this can be fought in the court?


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