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Viral (NA)     11 November 2013

Grand mother's will of agriculture land

Hi Experts,

Need your little advice please.

This is about Gujarat Agriculture land. My Great Grand Father had made property deed in 1984. And he made three shares out of whole properties (including houses and agriculture land). 

1st share gone to my uncle. (house + land)

2nd share gone to my father. ( house + land)

3rd share gone to my grand parents. ( only lands )

Now my grand parents want to make will of their shares to my dad because since birth my father looking after my grand parents and therefore they wants to give their all shares to my father. 

Also above Land property deeds already mention in Land registry ( in 7/12 of lands as separate notes like these lands had been allocated to this person as shares. )

Now My grand parents want to make theirs agriculture land's  "REGISTERED" will to my father. 

Now here is my question ?

Could they make entry of  this "Registered will" as notes in ( 7/12  or 8A or 6G). So later if my parents not there , theirs lands goes to my father based on this notes in land registry.

Many Thanks for your answer.

Regards

Viral



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     11 November 2013

whether the property now proposed to be transferred through a Will is on the joint name of your grand parents?, if so, they both can jointly execute a Will about the disposal of the property on their name as they felt like but it will come into force only after the demise of both the grand parents.  The Will should contain recitals stating  that it cannot be revoked by the survivor in the event of the first  death of any testator;  The property proposed to be transferred through such Will will automatically devolve upon the beneficiary who needs to act upon the Will immediately when it becomes enforceable.  The property so acquired through Will not merge with the property already held by the beneficiary to make it a combined property.


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