Dibyakanti Modak 14 June 2020

Will on deceased mother's property

Hello Sir,

My mother was divorced and I am only the son. The house was on the name of my mother as self acquired property and she died kepping the house in intestate condition. Now the name got transferred to me as the only legal heir. Now can I make any will on this property?

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8 Replies

G.L.N. Prasad (Retired employee.) 14 June 2020

For more precise guidance inform present status in Municipal records and as to when the property was transferred in your name and since when you are in possession and enjoyment. , If your mother is legally divorced what is your fear, and do you have sisters also?

ABHISHEK PRASAD 14 June 2020

There is no such impediment in making Will. However Will should be executed properly and as per law. Only one thing to remember that Will comes into effect only after death of executant and the property mentioned therein can only go to the beneficiary legally provided the executant had not revoked the will or was legally owner of the said property at the time of his death.

P. Venu (Advocate) 14 June 2020

Facts posted suggest that you were the only legal heir to your late mother. As such the property is absolutely vested with you. You may execute the Will taking care of the legal requirements. Though not mandatory, registering a Will would be beneficial in the long run.

Have you carried out the mutations in the Revenue/Municipal records consequent to the mother's demise. If not, carry out the same on a priority basis.

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Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 14 June 2020

Originally posted by : Dibyakanti Modak
	Hello Sir,My mother was divorced and I am only the son. The house was on the name of my mother as self acquired property and she died kepping the house in intestate condition. Now the name got transferred to me as the only legal heir. Now can I make any will on this property?....After obtaining Legal heir Certificate in respect of your deceased mother's house,on the basis of the same,you have to apply before the Municipality / Panchayet as well as before the B L& L R O and after substituting your name in the place and stead of your mother's name,your title in respect of the Record of Rights will be completed. As Owner thereof,you are entitled to make Will in this regard. It is advisable to make that Will registered to avoid future complicacy.

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Dibyakanti Modak 14 June 2020

@Sinjari Banerjee : Yes the process in municipality and BL&LRO is done. Land has been recorded on my name now. many thanks for the details. :)

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 14 June 2020

Originally posted by : Dibyakanti Modak
	@Sinjari Banerjee : Yes the process in municipality and BL&LRO is done. Land has been recorded on my name now. many thanks for the details...You are welcome.The Will is required to be drafted with necessary details in such a manner mentioning the name of Executor/Executrix who will have to apply for probate in your absence and the proper identities of the beneficiary /beneficiaries upon whom your properties will devolve in your absence with the full details of your assets and your signature thereon will required to be attested by two or more witnesses(one of whom is likely to be a medical practitioner) and such witnesses have to be neutral persons.