Transfer of ownership per will
Joe Thomas
(Querist) 28 July 2018
This query is : Resolved
Hello,
My late grandfather made a Will per which he bequeathed his agricultural land in Kerala to me. In the Will he included a clause that my mother is entitled to the proceeds from the yield from the land during her lifetime. The property is still in my grandfather's name and the property taxes are being paid under his name. I would like to have the property transferred to my name so that I can sell it. We spoke to the village officer and he told us that the property cannot be transferred while my mother is still alive. Is that true? Also, my mother is not interested in the proceeds from the yield from the property and wants the property to be transferred to my name so that we can sell it (my mother and I live outside of Kerala and it is not convenient for us to manage the property). Is there any way to have the property transferred to my name so that we can proceed with selling the same.
Thank you very much.
Joe
Dr J C Vashista
(Expert) 30 July 2018
Get the property mutated (in revenue records) in the name of beneficiary as per covenants of the will through a local lawyer.
You will have to wait for the benefit of produce during the life time of your mother in terms of the will.
Kumar Doab
(Expert) 01 August 2018
The last wish of testator in valid WILL is supreme and courts of law endeavor to execute IT.
The VO has already guided you.
Maintain (pucca) record of proceeds from yield for future reference and use.
After the demise of mother you can submit the WILL for transfer to your (beneficiary) name.
It is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.
It is not mandatory to probate the WILL in the area of Delhi. 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) 01 August 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.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; VO/Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs/beneficiary in mutations records.
Thereafter obtain copy of updated mutation records.
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Rest, Discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..
At each location three are some counsels that specialize in such matters and they are well known.
Check for such counsels at LOCAL civil courts, HC……
