LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sayed Maqsood Ahmed   10 September 2024

registered will to transfer flat to the name of the heir

dear Sir

we have one member in our society. Details given below below .

they are asking to transfer the flat in the legal heir on the basis of the registered will made by the mother of sons

Husband expired long years ago
Mother had three sons
Elder son expired, leaving behind his wife and one son

Grandson was living with her grandmother as well as with Uncle in Australia
Leaving late. Elder son family mother made will for two sons

Widow wife and grandson are alive.
Complainant never visited society office after the death only email msg and phonecalls to other one or two committee members.
No documents like Death certificate, will letter nothing submitted to society office nor visited personally to society office.

now the legal heir has sent notice to our society to register the flat in his name.

kindly advise legal views if the flat can be transferred to the name of the heir based on the registered will.

thanks in advance for your immediate answer.

Best regards


Learning

 3 Replies

Sayed Maqsood Ahmed   10 September 2024

Many many thanks learned high court advocate

Appreciate your quick response 

Best regards 

T. Kalaiselvan, Advocate (Advocate)     11 September 2024

The property originally belonged to her husband and upon his intestate death the property devolved upon all his class I legal heirs.

Therefore the widow of the deceased cannot assume to be absolute owner of the entire property hence she cannot write a will bequeathing the entire property in favor of any beneficiary unilaterally.

In this situation the legal heirs of the deceased son along with the widow and her other children are also entitled for a share out of the deceased husband's property.

You may issue a reply to them stating that let them produce the succession certificate in order to enable you to allocate the share certificate to all the eligible members as per the court order.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register