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Aranganathan (MSC BEd MBA)     03 August 2024

Will registration - reg

Dear Madam/Sir, 

I need a clarification regarding WILL registration under Taminadu State Registration Act. 

Clarification Required: 

Original Sale Deed produced on before the Magistrate Court for partition disputes case, still pending before the Court. Now, Can my Father register WILL to another son without Original Sale Deed. Kindly Clarify.

Also, provide any G.O, Act, Rules etc for further reference. pls...

To my knowledge attaching the Act Amendment issued by Govt. of Tamilnadu and Notification issued by Registration Dept. of Govt. of Tamilnadu No. 22482/CI/2022 dt 02-02-2023 for your reference.

 

 



Learning

 5 Replies

P. Venu (Advocate)     03 August 2024

"Partition dispute case" - What is the case? What is the dispute? Who are the parties?

"Another son" What do you mean?

Certainly, father can execute the Will in repect of his self -acquired property.

And, it is not necessary that a Will be registered.

Aranganathan (MSC BEd MBA)     03 August 2024

Dear Sir, 

Thanks for immediate Reponse.

The issue with between three sons. My father is supporting second son, making a WILL in favour of him, without giving any rights to me. 

Already the above dispute was filed in Court and original deed was submitted in court, still pending in court.

In the mean time, father is doing WILL registration without original sale deed.

T. Kalaiselvan, Advocate (Advocate)     03 August 2024

Your father can transfer his self acquired property to anyone.

The dissatisfied sons cannot dispute his decision or desire.

He can write a Will and it will be valid whether registered or unregistered.

He can cancel the Will anytime during his lifetime.

He doesn't have to produce the original title document at the time of registering the Will.

Alisha Kohli   03 August 2024

So far I can understand 

u can transfer the ownership if u have the ownership of the thing, if the ownership is disputed and its pending before the court then certainly the will have no value if the case remains pending before the court and by chance ur father wins the case and has the ownership then he can transfer the same through will but will or any other documents can not speculate the future property, i hope I hve answered your querry . 
so let him do the will

P. Venu (Advocate)     04 August 2024

Children have no subsisting right in the father's property during his lifetime. They are only legal heirs to the property, if any, left intestate after his lifetime.

"Already the above dispute was filed in Court and original deed was submitted in court, still pending in court"! What is the original deed referred? What are its contents? Who has filed it in the Court? 

Who has filed the case? Who are the defendants?

 


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