Will/gift made before transfer/registery
amit
(Querist) 26 February 2014
This query is : Resolved
‘A’ an old ailing widow aged about 80 years and ‘B’ (younger sister) have succeeded according to Hindu Succession Act equal one half share each respectively, in the property P. But, the Transfer of Names / Registry of said property P in the name of A and B has not yet been done/processed.
Q1. Whether the Will / Gift made to grandson by A shall be considered a Valid Will/Gift? Since, the same going to be executed before Transfer / Registry of the property P in the name of A.
Q2. B wants to grab the share of A, waiting and watching that when A will die B can become the owner of A’s share also. So, A wants to transfer her share to her grandson by making Will/Gifting.
Can A make Will/Gift Deed before Transfer/Registry, making her grandson the owner of one half shares each in the above said Property P?
Q3. What else can A do, if B is not willing at present to make Transfer / Registry of the property P into their names, i.e. A and B, respectively?
Q4. Can grandson become the owner of one half share each in the above said property P, if A his grandmother make Will/Gift Deed before Transfer/Registry? Declaring that after A’s death her grandson will be the owner of one half share each in the property P thereof. Can the said Will/Gift be a valid one?
Ruling, if any, in support.
Devajyoti Barman
(Expert) 26 February 2014
1. Yes, valid.
2.Yes, very much.
3. Let A apply for his name in respect of half undivided share.
4.Yes..
Biswanath Roy
(Expert) 26 February 2014
So far I presumed from the query that by virtue of Hindu Succession Act 'A' became the owner of half portion of undivided, non-apportioned, non-mutated property which has no legal sanction as yet. Under such circumstances 'A' can make an WILL only (but not Gift) in favour of her grandson and can devolve her 50% right title and interest in the said undivided property.
Guest
(Expert) 26 February 2014
I agree with Shri Devajyoti Barman.
ajay sethi
(Expert) 26 February 2014
agree with MR barman
Rajendra K Goyal
(Expert) 26 February 2014
Agree with the expert Sh. Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 28 February 2014
Yes A can execute a Will in favor of her grandson in respect of her undivided share of property inherited by her irrespective of whether the same was registered on her name or not, but she should possess a valid title to the property so that it can be bequeathed.
