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Neville   23 October 2022

Will related question

A has made a will for properties bequeath to her via a will in 1986 but never transferred in her name during her lifetime till 2005 (now she is deceased) . Can she make a will for such properties to her children, without having Title to the property?

  • Is such will/ bequest valid ? 
  • Or is the will valid but bequest invalid?


Learning

 4 Replies

P. Venu (Advocate)     23 October 2022

What do you mean by "but never transferred in her name during her lifetime till 2005"?

What is the relevance of the query "Can she make a will for such properties to her children, without having Title to the property" when she has , admittedly, expired long back?

All the more, was she in possession/occupation of the property?

The query suggests deeper issues. Please post complete facts.

Neville   23 October 2022

In 2012 my mother was shown 2 wills of her parents one coming into effect in 1986(her fathers) and the other coming into effect on 2005(her mothers). When she asked for a copy of the will she was not given.

Now last week suddenly her brother was trying to get to sign a consent affidavit to get both these wills probated, but not willing to show her the wills for which she is signing the consent affidavit. And trying to pressurize her into signing the document saying if she doesnt sign she will get a legal notice etc,

(My mother and brother are staying on the popertyy for nearly 80 years - currently in my grandfathers name)

My questions are

1. Can my grandmother make will for propoerty that were only willed to her in 1986 but the title was never transfered to here till she passed away in 2005 (its currently still in my grandfathers name)

2. What other action can I take here?

1. What action can we 

 

 

P. Venu (Advocate)     23 October 2022

Your uncle's action is suspicious in as much as he need not have required your mother to execute a relinquishment deed if such  Wills had been executed. Moreover, it is not always the case that a Will be probated.

However, it is of no consequence that no mutation has been carried out in the revenue records and the property still stands in the name of the grandfather 

In the given circumstances, it is the best option for your mother to file a suit for partition leaving it to her brother to plead and prove the Wills, if such Wills executed.

 

Neville   31 October 2022

Would be nice to have some more responses.. Thanks


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