Will
Naresh Kumar
(Querist) 01 October 2018
This query is : Resolved
After demise of A, his wife and four children, without obtaining legal heirs certificate, executed a relinquishment deed with the help of a property dealer and got it notarized from a Public Notary, wherein all four children relinquished their share in favour of their mother. They neither got the relinquishment deed registered in the office of sub-registrar nor applied for mutation of property in the record of MCD. Now their mother has executed a Will in favour of her two sons and got the same registered in the office of sub-registrar. Office of Sub-registrar registered the Will on the basis of unregistered relinquishment deed. Property dealer says there is no need to get the relinquishment deed registered in the office of sub-registrar and since house tax bills are not applicable to the owners of properties in that Colony, there is no need for mutation of property.
My query is whether the Will executed by them in the afore mentioned circumstances is valid in the eyes of law?
Isaac Gabriel
(Expert) 01 October 2018
From the given facts, the will is not valid, since the mother is not the owner at all and it belongs to children also.The so called reinquishment deed is not valid also.
P. Venu
(Expert) 01 October 2018
Any conveyance, involving transfer of property, requires to be registered.
Dr J C Vashista
(Expert) 02 October 2018
The RDs as well as Will is invalid.
Show the documents to a local prudent lawyer for better appreciation, analyses and guidance.
However, if you are located in Delhi and feel, may contact me (on appointment) at:
Ch. No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
Cell # 9891152939 email: majjagdish@yahoo.com
Vijay Raj Mahajan
(Expert) 02 October 2018
You first deal with illetrate property dealers and then ask learned lawyers legal opinion about the validity of the process carried out.
After the death of the male his wife and all children became lawful owners of his property by law of inheritance and any Will made by anyone of them is absolutely null and void. A valid Will can only be executed by the sole owner of the property and here the mother was never the sole owner of the property.
Whatever documents got executed by the property dealer with his limited wisdom take you no where.
The sons can always claim their share in the property and so can the mother.
If the sons want that the whole of the property goes to mother let them gift their share to her by proper gift deed duly registered at the sub-registrar office by payment of the appropriate stamp duty for their individual share in the property.
After the mother becomes sole owner of the property, she can make Will that can also be registered.
Follow proper legal process with help of learned advocate rather property dealer.
