Joe Thomas (Principal) 27 July 2020

Transferring property/mutation based on will

Hello,

My grandfather (father's father) made a will which states the following:

1. After his death I, his grandson, should take possession of his village property (agricultural land and house in Kerala) and pay the property taxes
2. My parents can stay in the house and have rights to the yield from the land as long as they live
3. All provisions in the will comes into effect only after his lifetime and the lifetime of both of my parents

We are chrisitians. My grandfather passed away 24 years ago and my dad passed away 11 years ago. My mother is alive and lives with me in Mumbai. Her health doesn't permit her to travel and she is home-bound. She is not interested in the yield from the property (there is none at present) and I am taking care of all her needs.
The property is still in my grandfather's name and I am paying the property taxes on his behalf for the last 24 years.

I have the following questions:
1. Can I have the property transferred to my name and have the mutation done? Would #3 above pose a hurdle?
2. Besides my grandfather's will and his death certificate, what other documents would I need to have the deed registered and the mutation done?

I sincerely appreciate your guidance in this matter.

Thank you.

Joe

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5 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 27 July 2020

Contents of the will are not clear getting the mutation basing such a old will is a difficult task.

Joe Thomas (Principal) 28 July 2020

Hello Mr Balu,

I appreciate your response. Not sure if the age of the Will is relevant as it is a registered Will. With regards to the content, yes, there is confusion as it says I should take possession of the property upon the death of my grandfather and pay property taxes, but it also says the Will comes into effect only after the life time of my grandfather and both my parents. As my mom is still living, it seems the Will cannot come into effect yet. That's where I need a legal expert to weigh in.

Thanks,

Joe

{Balu manikantan} SUBRAMANYAM (Practising Advocate) 28 July 2020

A registered will have a high veracity. The interest of the testator has to be protected. so you will be entitled for the property only after the life time of your mother.

Joe Thomas (Principal) 28 July 2020

Thanks again, Mr Manikantan. The Will says I need to take possession of the property after the death of my grandfather and pay the property taxes. I have been paying the property taxes for past 24 years. What does it mean to take possession of the property and how do I get it done? What right do I have currently to object to anyone encroaching on the property or to erect a fence around it?

Thanks

Joe