Content of the registered will
krishna
(Querist) 13 June 2015
This query is : Resolved
My grand mother has got a will registered, which does not contain the specific details of the properties. The will was executed in Nov 2013. However it says all the moveable and immoveable properties shall be transferred in my name (grandson) once she is no more. I would like to understand if this will is valid and will allow me to do the mutation of the properties basis this will. Please note that all the properties are ancestral properties with her name appearing in 7/12 extract and have been acquired prior to 2013.
kavksatyanarayana
(Expert) 14 June 2015
the will is valid and now it came into existence as your grandmother is no more. you can act as per the contents of the will.
Dr J C Vashista
(Expert) 15 June 2015
Yes, it is valid, you may move for mutation of the properties devolved upon you, bequeathed by your grandmother.
Anirudh
(Expert) 15 June 2015
It appears from the post that the grandmother of the querist is still alive. (Will cannot be given effet when the person who made the WILL is alive).
Mutation is not automatic, when other claimants are available. The mutation authorities may insist for NOC from other claimants. If NOC cannot be obtained, then the WILL has to be got probated through a Court of law.
krishna
(Querist) 15 June 2015
Thanks to all the esteemed layers for answering my query.
Sir my grand mother is alive, however I want to know that post her demise can i still get the mutation done despite the details of the properties not mentioned in the will. The will is open ended and only states that all the moveable and immoveable properties in the name of my grandmother shall be transferred to my grandson. It will be a great help if any of you can quote a judgement in the matter for my reference.
Surrender K Singal
(Expert) 16 June 2015
No judgement needed. For ease of mutation etc., you may get another WILL excuted / registered with known details of immovables, Bank Accounts / Lockers, Investments etc. apart from general 'all my movables/immoveables' even if not mentioned specifically in the Will, etc.
