Will-rights
Samudra
(Querist) 01 September 2018
This query is : Resolved
Dear Experts of the Forum,
Some property (Land) came to my wife through WILL, does that mean She has Title to these Property or she has to aproch the Court for eatablishing her Tille?
kavksatyanarayana
(Expert) 01 September 2018
Only after the expiry of the Testator (who wrote the Will), the contents of the will come into force. When the Testator is alive, your wife has no right.
K Rajasekharan
(Expert) 01 September 2018
No court order is required to administer a Will if it is not contested or challenged in a court by someone.
If your wife got some property based on a Will she is the title holder of the property after mutation of it.
Hemant Agarwal
(Expert) 02 September 2018
1. Title-Ownership can be established by submitting notarized copy of will & other related documents, alongwith proper application to the local revenue authorities /civic authorities /relevant authorities, for proper mutation /transfer of property in name of the will beneficiary (wife).
2. ONLY "AFTER" above the Wife will be able to Sell /Transfer /Gift /Donate /Mortgage /whatever, the property. ELSE NO.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
A. A. JOSE
(Expert) 02 September 2018
On the death of the Testator, your wife may get the title of the property in question mutated in her name from the revenue authorities concerned please
A. A. JOSE
(Expert) 02 September 2018
On the death of the Testator, your wife may get the title of the property in question mutated in her name from the revenue authorities concerned please
Kishor Mehta
(Expert) 02 September 2018
If the property is situated at Chennai, Kolkata or Mumbai, a probate from the Court is necessary in case of immovable property.
Dr J C Vashista
(Expert) 02 September 2018
Where is the property located ? I endorse the advise of Mr. Kishor Mehta.
How did your wife got the property i.e., who is the testator and how testator was the titleholder of the bequeathed land?
Samudra
(Querist) 02 September 2018
Thanking you ALL. The property is located in R R district of Telangana state. My wife got this property from her Biological Father. This property came to him from my Wife's adopted family ie from her grandmother in the adopted family through registered Will.This Will is acted upon. Now my Wife biological Father also dead.
Kumar Doab
(Expert) 02 September 2018
If the said (valid) WILL is duly acted upon, without any cloud on IT, then authority per procedure must have updated mutations records and you must have obtained the copy.
What is the issue?
Kumar Doab
(Expert) 02 September 2018
Succession opens on date of death ; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.
The WILL should just be valid. Unregistered WILL can be acted upon.
The last valid WILL prevails.
Kumar Doab
(Expert) 02 September 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 comply with procedure. 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.
Check locally and comply with procedure and get authenticated copies of all docs.
