Will, its implementation.....
ponnala
(Querist) 18 July 2009
This query is : Resolved
Dear friends,
Using citation in the Will, Revenue
Divisional Officer issues a certificate for
a Legatee (Say Sy. Nos. X & Y ). Can we assume the
the Will is Approved/Accepted by the Revenue
Authorities? And on this basis can we ask
the M R O/ Tahasildar to implement the will
for Effecting the Mutation of some other ( Say Sy.
Nos. A B C etc. As detailed in The Will ) Properties
on Legatee's name, as Declared by the
Testator.
With regards...
Swami Sadashiva Brahmendra Sar
(Expert) 18 July 2009
Yes.If probate is not required in your State, the Revenue Authorities can proceed on the basis of will.
A V Vishal
(Expert) 18 July 2009
In my opinion the will requires probation, without which there is no sanctity. The certificate issued by the revenue authorities has limited usage.
sanjeev murthy desai
(Expert) 18 July 2009
Dear Ponnala,
If testator bequeathed X, Y, A, B, and C properties to the legatee and after the demise of whole property devloved upon legatee only. He can secured tranfer his name in the records in respect of bequeathed properties under the order from Tahasildhar. I think there is no need to probate that will.
sanjeev desai
ponnala
(Querist) 19 July 2009
Dear Friends,
Thank you very much for your prompt reply.
This case pertains to A P , and i was told that the Probation of will is not necessary in Andhra Pradesh State. Is it true?
And friends i need one more clarification;In this case the property had come to Legatee from a Widower.Where she distributes Two Sy. Nos. say 1 & 2 among the Three persons, includes her i)Daughter, ii)Son-in-law, and iii)son-in- law's adopted son's Wife, And further in the will she uses the sentence, that " all my remaining lands which are either in my personal cultivation or under tenants are bequeathed to Shri.****(Legatee)"Mr. X", after my life time he shall take appropriate proceedings for either recovery of the land or of compensation from the persons in occupation and take possession of lands which are under my occupation "
Here again some of the lands were with her own son-in-law "Mr.Y".(She has only one Daughter, And the legatee is Son-in-law's Brother).
In the above contest who owns the Property, And During the Life time of "Mr.Y",he disposed of the lands under his Occupation . Can this act, of his (i.e "Mr.Y") is proper in view of The Will?
Kindly Guide me.
With regards....
ponnala
(Querist) 25 July 2009
Dear Friends,
I request the Experts of the forum to kindly
go through the above Query and guide me, in
this regard please.
With regards.....
