Transfer of property
Raja Sekhar S
(Querist) 11 February 2021
This query is : Resolved
Mr A leaves a Registered Will bequeathing his property among his three surviving heirs B, C and D where B is Son, C is daughter and D is wife.
In respect of the properties earmarked in favour of C and D there is 100% clarity as the Will says the properties marked for them will become theirs on his death.
For the property left for B, the son there is some doubt. The property left for B is a house. The Will says his wife (D) will have possession and right to enjoy without any right whatsoever to gift or sell that house. The son (B) will get full rights on the house after D.
The questions needing answer are
1) Can the wife, D get the mutation of this house in her name as A is no more.
Or
2) Is it the Son, B who has to get the mutation of the house in his name allow his mother to continue living in house during her life time ?
Or
3)Is it open to just leave the property in the name of A who is no more and if so how long it can be left like that with both B and D staying in the house and enjoying the property, in which case the Property Tax, Ele Connection and Water connection will continue to be in the name of A who is no more. Is it legally correct to pay taxes in the name a dead person for unlimited period
kavksatyanarayana
(Expert) 11 February 2021
D has only life interest in the house that means she can live in that house without objection by B. And she has no right to transfer the house in any manner. Hence B can apply for mutation of the property to his name. But if B cannot throw his mother from the house, otherwise it will lead to legal complications.
P. Venu
(Expert) 12 February 2021
Yes, B has only a life interest in the house. Mutation would be carried out by the concerned authorities based on the extant norms. Whatever be the mutation it cannot have nay effect on the terms of the Will.
Dr J C Vashista
(Expert) 13 February 2021
I respectfully differ wtth the experts since D (wife) has all rights to live, enjoy and gift or sale the property without any objection from B (son) in terms of the Will exected by deceased Testator.
However, on the demise of D the property may (which is not clear, as to whether D may or may not dispose of the subject house) B shall have all the rights.
It would be appropriate to consult a local prudent lawyer for appreciation of document and professional advise.
Raja Sekhar S
(Querist) 14 February 2021
Dr J C Vashishta seems to have missed some points mentioned in the query.
It is abundantly clear in the Will taht D (wife) will no doubt have "possession" and "right of enjoyment" of the House during her life time but "without" the right to Gift or Sell the said property in what so ever manner.
I need answer for query number 3, notwithstanding the answer to first two queries.
