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Joe Thomas (Principal)     23 August 2017

Transfer of willed property

Hello,
My paternal grandfather willed his property in Kerala to me and my brother. In the will he included a clause that our parents can use the property and the proceeds from it during their lifetime. My grandfather and my dad are no more. My brother and I would like to have the property transferred to our names  but according to the village officer it may not be possible to do as long our mother is alive. Our mother wants to have this property transferred to our names. She is even willing to make an affidavit stating that she is willing to relinquish the use and proceeds from the property granted to her per the will and that she has no objections to the property being transferred to her sons' names. The property is still in our grandfather's name and tax is being paid under his name for the last 20 years since he passed away. 
Kindly advice if we can have the property transfer done if my mother declares in writing that she has no objections to the same and relinquishes the rights granted to her by the will. What recourse do we have if the village officer still refuses to do the transfer?

Thank you very much.

Sincerely,

Joe

 



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 1 Replies

Siddharth Srivastava (Advocate)     23 August 2017

The relinquishment by your mother is contrary to WILL and hence would not serve the purpose.


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