Ajit George (Retired) 19 February 2015

Registration of property in wife of deceased

Hi, my father owned property in Kerala which he received as inheritance from his father. The property was registered in my father's name. My father prepared a will with the help of a lawyer and bequeathed all his property to his wife. My father passed away 4 years back.

The will has been made out on plain paper and is witnessed by two people. The will was not registered.

How can the property be registered in my mother's name? Do the children of the deceased need to sign a disclaimer or renounce the property in favour of their mother?

Thanks,

Regards,

Ajit

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2 Replies

saravanan s (legal advisor) 19 February 2015

Will need not be registered.you all don't need to relinguish your rights because your father had written will on Ur mother's name and now Ur mother is the absolute owner of the property.

Ajit George (Retired) 19 June 2015

Dear Mr. Sarvanan,

My mother approached the Village Office, Thiruvarpu, Kottayam with the original Will executed by my father, the original of my father's death certificate, an affidavit and an application for transfer of the property in her name. The Village Officer asked her to approach the court and get an order from the court for transfer of the property. When we asked the Village Officer if there was a Government Order making a court order necessary he said that he had instructions from the Tehsildar that this should be done. We asked him to show us the order but he refused.

The Village Officer refused to even accept our application, hence there is no evidence that the same was submitted to him.

What recourse do we have?

Thanks,

Regards,

Ajit