LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Joe Thomas (Principal)     09 March 2015

Transferring inherited property

Hello,

Thank you very much for the valuable service you are providing.

My grandfather (father's father) registered a will in 1996 per which his self-acquired assests(agricultural land + house on the property) in Kerala was to be inherited by me and my brother. Grandfather passed away suddenly a month after registering the will. Immediately thereafter, my dad's step-sisters (grandfather's daughters from his second marriage) filed a case alleging the Will to be fraudulent and demanded that the property be partitioned equally among my grandfather's children. They lost the case. The court ruled that the will was genuine and all of its provisions are to be honored. They filed an appeal but it was rejected as it was not filed within the required time. Now it is 10 years since the court ruling but the property is still in the name of my late grandfather's and the property taxes for the land and the house are still being paid and recorded in his name. 

I have a few questions:

1. How can the property be transferred to me and my brother? What is the procedure and what are the documents needed? Do we need affidavits to prove or support the fact that we are indeed the grandchildren named in the will? 

2. We intend to sell the property in the near future. Can we do this without transferring the property in our names?

 

Thanks for your advice in advance.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     12 March 2015

The will which was upheld by the court and the judgement therein will confirm the title to you people, based on that you may apply for transfer/mutation of revenue records of the properties on your names jointly or draw a partition deed between yourselves and get it registered upon which you may apply for mutation of revenue records, in the event of any difficulty you may take the assistance of a local lawyer and proceed as per his advise.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register