about will
bindhu
(Querist) 01 November 2009
This query is : Resolved
i am hindu male
my mother made will in my name
now that immoveabe property is in mothers name
now i want to make a will in my sons name
my question is
i have not transwered that property in my name so far, can i make a will without transwering that property in my name
adv. rajeev ( rajoo )
(Expert) 01 November 2009
will, will come into existence after the death of the executant. Now you cannot execute a will in the name of son.
Sachin Bhatia
(Expert) 01 November 2009
Yes you can make a will without transwering that property in your name. Mention in your will that you have owned that property by way of will from your mother.
Theja
(Expert) 01 November 2009
You can transfer the property only when you own it absolutely. So, in case of a will you can get absolute rights in the property only after the death of the executant. As Rajeev Sir has rightly said a will comes into existence only after the death of the executant. So, you can not write a will now on a property for which you do not have free title. You can do it once the will comes into existence as explained above.
Raj Kumar Makkad
(Expert) 01 November 2009
Your quarry is silent on the point your mother is alive or not. If she is no more then you get probation of her will favouring you, get it executed and thereafter being its exclusive owner, make will in the name of your sons. During the life time of your mother, only she is owner and not you so cant make any will.
Adv Archana Deshmukh
(Expert) 01 November 2009
Get the property transferred in your name first and then make a will in favour of your son.
Shivasurya
(Expert) 02 November 2009
Agreed with Mr. Rajkumar, his view is correct
Vineet
(Expert) 02 November 2009
Agree with the view of Mr Makkad. The vital information missing is whether your mother is alive or not. During her life nobody can make a will for property owned by her.
J K Agrawal
(Expert) 02 November 2009
It does not make any difference that 'mother' is alive or not. If mother is alive you have contingent interest in property and if mother already passed away you have vested interest.
There is no bar in Indian succession act or Hindu Succession act that contingent interest can not be transferred.
Not necessary to get the property transferred in your name first.
The ownership of a property in not depend upon the fact that in official record of government who's name appears as owner. Ownership is totally a different matter.
Arul Kumar
(Expert) 04 November 2009
Mr. J.K. Agrawal is right.
RASIK DAGLI
(Expert) 04 November 2009
As pointed out by Mr. Rajkumar, it is not clear whether your mother is alive or dead. Your mother's will come into operation only on her death and before that you do not get any right in the propeties of your Mother. If she is no more alive, first transfer the properties in your name and thereafter make a will.
RASK DAGLI
Advocate
