will execution
Ritu Latti
(Querist) 26 June 2016
This query is : Resolved
My father has made a registered will in which he has done his property-bunglow in the name of youngest son out of the three sons.,though in society records the nomination is of my mother.
My brother has not executed the will still. Want to know whether the will has any expiry or validity . After 2 &1/2 years of father's death the property is on the name of father only and nomination on my mother name.
Instead my brother has made a POA to give the rights to my mother for the property. Want sugesstion what should be the course if action for transferring the said property on my mothers name legally without any consideration so that tomorrow there is no issue.
Further my mother wants to make a will thru which she wants to give 3 sons equal share..
Request you to pl guide us since the will is not executed and no body in the society is aware of it.
Kumar Doab
(Expert) 27 June 2016
What is nature of property; Urban, Rural, Agricultural, Co-Op society?
It is in which state?
Has the WILL been properly executed and presented to concerned authority for entry in mutation records?
Post full facts.
H. S. Thukral
(Expert) 27 June 2016
There is no such thing as execution of Will. You can say that the will has not been acted upon so far. There is no limit to take action on the Will on behalf of the beneficiary but others legal heirs who have come to know of the will depriving them their share should act within three years to challenge the Will. If your brother has to convert the title of the property in his name, he will have to get a NOC from other LRS of your father or shall have to go for probate of the Will.Property can not be converted in your mothers name because your father desired to bequeath his property to your younger brother. If however will was not existing, all other legal heirs could execute relinquishment deeds in favour of your mother. Your mother can Will the property only when it is transferred in her name.
Kumar Doab
(Expert) 27 June 2016
Expert Mr. H.S. Thukral has made it so simple. Agreed.
The author has not replied.
Nomination in society is not a parallel route to succession.
The WILL may be produced to the authority under whose jurisdiction the property falls and requisite forms/procedure be completed and it may involve NOC from other other ClassI legal heirs.
Avoid any more delay in acting upon the WILL as delay may arouse suspicion.
Until brother become owner on record after the WILL is duly acted upon, he can't provide POA.
Once the brother has acquired rights equal to that of an owner, he can gift/sell etc to mother.
Once the mother has acquired rights equal to that of an owner, she can gift/sell/WILL etc to sons.
Devajyoti Barman
(Expert) 28 June 2016
There is no limitation as regards the validity of the Will.
In many states though taking of Probate is mandatory.
Dr J C Vashista
(Expert) 30 June 2016
I agree with expert advise of Mr. Devajyoti Barman and Kumar Doab.
However partially agree with the expert advise of Mr. HS Thukral, wherein acting upon the will of testator (as covenanted in will) is execution in technical terms, if I am not wrong. Besides this, the will is compulsory required to be probated within 3 years of knowledge of LRs of testator, in some states.
Mother can not get share in self acquired property of testator, if she is excluded; otherwise, she has a share in inheritance/ succession.
