Query Property Transfer/will deed

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Hello Ananthu,

I can very well understand that you are concerned about the will and the transfer of property. I would be happy to help you, and my advice is mentioned below:

Sadly, the interpretation of the officer of the village seems correct. As most of the time, If the beneficiary dies (like your father, A) before the testator (your grandfather, X), then his inheritance of the property that was to be transferred to the beneficiary becomes void if the will does not clearly mention that the legal heir of the beneficiary shall receive his share.

In your case, your grandfather’s (X's) will not specify any conditions for the legal heirs of your father (A) to get the property if he dies before the will comes into effect. So according to it, property cannot automatically come to you.

The share that was to be inherited by your father may revert back to your grandfather's estate and will be divided among the remaining beneficiaries (B, C, D).

If you have an interest in the share that was to be inherited by your father, then there are certain steps you can follow:

1. Under the intestate succession provisions, you may inherit the property. Section 15 of the Hindu Succession Act of 1956 is applicable. You need to file your claim related to your father's share by way of intestate succession in any civil court having jurisdiction in your area.

2. You can obtain a Legal Heirship Certificate (if you don’t have one), which instantly proves that you are the legal heir of your father. However, filing a petition through the civil court might still be needed to claim the property in your father's share, as it does not particularly bring it into account in the will.

3. You can also file a lawsuit for declaration of the title and claim for mutation in your name as a legal heir of your father. The process in this case should be smooth, as no disputes exist on account of B, C, or D as mentioned within the query itself.

I tried to clear everything up; if you still have follow-up questions, don't hesitate to ask.
Thanks for contacting us.