Can a person write will of property which is not registered


my grandfather dont have registry of a property in his name. Only mutation of that property is in his name . Can my grandfather write a will of that property based on mutation and without registry in his name
 
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Advocate

On mutation your grandfather became owner so he can make WILL of such property. who told you that WILL can be made in respect of registered property only?
 
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FIN

Approach your very able LOCAL counsel specialzing in Testamentary Succession/Civil matters and discuss in person, before you decide and act.

One of the hazards at online portals is that many unscrupulous IT’s and entities loiter to allure unsuspecting querists.

The tone of post of many such Actors ( Adakaar) is to pose as if the postor is Jackal of all Trades and knows everything and has written the law ITself. Such IT’s and entities are good for nothing and idle (vela/Nithalla/Nikamma/ Nikhadd). Such IT’s and entities remain glued to the computers, internet and whole day remain drowned in posting at various portals from multiple fake ID’s  and trying desperately to allure and fleece unsuspecting querists.They may not feel any shame even in falling for few nickels

( Aaana/ chavani/Atthani/ Pachaas Rupalli) to get IT’s daily bread and may be daily doze of some grass so that good sense does not succeed in prevailing upon IT.

 

 

 

The fact may be that the postor is mere copycat (Nakalchi) and has been copying from post of genuine and good persons that share wholeheartedly at online portals and post illustrated responses in threads, files, articles and contribute.

 

Mutation records may not necessarily fetch valid ownership/title.

  

The mutation records are updated in case the property devolves upon anyone by say; inheritance, WILL (valid and duly acted upon without any cloud on IT) and any other mode e.g; taransfer/sale/release/relinquishment/gift by a valid/registered deed …..court decree etc etc. Such updation by such logic/valid-registereed deed fetches ownership/title to a person in whose favor the deed is!

Otherwise if mutation records may not confer ownership rights/Title!

 

1st thing 1st get authenticated copy of mutation records with all link docs..

From your query IT is noted that your Grandfather is alive. May he live long and a lead a healthy and peaceful life!

He may narrate in his WILL how the property devolved upon him, in reference to facts/details per mutation records and link docs, and preferably register the WILL.

 

The (Testator) owner can dispose the property whose ownership/title vests in testator, by a valid WILL.

As suggested above in such situation your grandfather can dispose the property by a valid WILL.

 

 
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FIN

 

Which personal law applies in your case?

Who was 1st owner amongst your forefathers?

 

Are you all Hindu i.e. 1st owner and then legal heirs in chain?

Are you likely to be beneficiary in the WILL?

The testator wants to dipose the property/estate in full or in part by WILL?

 

The said property is agricultural land, rural, Urban, or it is a building? Or is IT possible to divide the property(ies) vaertically and horizontally?

Have you consulted a very able LOCAL counsel specializing in succession/civil matters alongwith copies of mutation records with all link docs and any other relevant document e.g; as above?

If yes what is the opinion of your counsel? Have you obtained proper written legal opinion? Have you paid any FEE?

Confirm!

 
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FIN

 

You may understand the basics;

 

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

The nature of property that devolves by inheritance, WILL is of nature self acquired.

The owner/title holder can dispose his self acquired property in his life time in anyone’s favor without need of anyone’s consent.

So if your grandfather wishes he can dispose his share (full or in part) in favor of anyone even a stranger or you.

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

IT is not mandatory to probate the WILL in other areas. IT is not mandatory to register the WILL.

The WILL should just be valid. Unregistered WILL can be acted upon.

The last valid WILL prevails.

The process of probate has IT’s own FEE, cost, timeline. Hazards.

 

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.

 

If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.

If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.

The legal heirs may also consider perspective of registered  family settlement after the WILL and register it.
 

Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.

Thereafter obtain copy of updated mutation records.

 

For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

 

 If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.

Although it is wrong since the WILL exists.

A registered WILL may not be easily set aside atleast on counts of authenticity.

Check locally and comply with procedure.

 

Hazards associated with WILL;

The WILL has to be valid and must be acted upon without any cloud on IT.

The WILL can be contested.

If your Grandfther wishes he may consider Conditional Gift deed, settlement deed with life rights etc 

 

 
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FIN

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Testamentary Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Testamentary Succession/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.

 

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.

 

There are many threads at LCI on similar queries ai threads, files, articles…e.g; A rticle under my profile;

“Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !”

 

You may pick up relevant points.

Usually aged person prefer WILL so that there is no difficulty faced during life time in case of any adverse situation.

Proper narration in any deed can protect the aged persons.

The postor at 2nd post in this thread (i.e after the 1st post which is query in the thread) after the query is not proficient in such and other matters and IT can be easily made by IT also from IT’s various posts from the beginning in threads, despite lots of education and teaching made available at LCI also, and IT can very well admit IT also.

 
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Advocate

Again great same reply as given in each query without touching any legal aspect. Innocent people are being made fool. People are requested to be aware.
 
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FIN

The aspects are touched compeletly.

The postor at 2nd post i.e. immediately after the query is not proficient in such matters, ALSO!

 
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