Will and transfer of title

1.  A person can may a Will of a property duly owned or duly transferred to him, on records.

2.  In the instant case it seems that actual "transfer of property" did not pass on to "B" based on "A" 's will, which means the title-ownership of "A" property is still registered in the name of "A", and not in the name of "B".  Hence "B" cannot make a Will, of any property, which does not stand in his name.

3. Solution:  Prepare & Register a "Family Settlement /Release Deed" between ALL the legal heirs /beneficiaries of "A".

4.  First Transfer the relevant part of the property in name of "B", subsequent to which "B" will be able to bequeath /gift his property to whomsoever he wishes.

Keep Smiling .... Hemant Agarwal
https://hemantagarwal21.blogspot.in/?view=sidebar
 

An apartment owned by me and my wife's joint name. We have two sons. I have purchased a new apartment, we want to Gift my old apartment to my younger son. Possession of the same apartment is already given to him in the year 2008. I have shifted to new apartment. The gift of the apartment is done verbally. Now I want a legal paper to make the gift valid and lawful. Since that time my son is looking after the gifted apartment and meeting out all related expenses. Also he is earning from the rent of the same apartment. I need such drafting to make the gift legal and on paper. Also want to know what else formalities are needed to be done for such gift transfer.

jayag