property
mukesh jain
(Querist) 30 August 2017
This query is : Resolved
my grandfather purchase a property
it cames to my father name as no objection by uncle
he made a will in my mother name
is will valid
is she can transfer property in one son name
instead two sonns and three daughters
Kumar Doab
(Expert) 31 August 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 31 August 2017
If Grandfather purchased the property and from self earned funds then nature of property should be self acquired.
Apparently the property came to your father with said NO objection from uncle (father's brother) after death of Grandfather.
What is this NO objection from uncle say; NOC or relinquishment deed?
Confirm!
You may also obtain mutation records with all link docs from O/o Authority/official under whose jurisdiction property falls e.g; MC/Patwaari and check if the said NOC was for only mutation purpose or uncle relinquished/released/gifted/ by a valid/registered deed.
Kumar Doab
(Expert) 31 August 2017
In case of Hindu male that deceases without disposing his estate/property in his life time by a valid/registered deed say; WILL, sale/gift deed etc 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.............
If mother, wife of Grandfather died before him and he had only 2 sons (your father and Uncle) and NO daughter then there were only 2 ClassI legal heirs;your father and Uncle.
Then; they alone will be sharing the property equally.
Kumar Doab
(Expert) 31 August 2017
If your Uncle relinquished/gifted his share in favor of your father then the said transfer and subsequent mutation in your father's name should be perfectly alright.
Kumar Doab
(Expert) 31 August 2017
The property that devolves by inheritance is of nature self acquired.
The property that devolves from brother is not ancestral.
So the total property that devolved in your father's name by inheritance and transfer from your uncle (by a valid/registered deed) should be of nature self acquired.
Kumar Doab
(Expert) 31 August 2017
The owner of self acquired property can dispose the property in his life time by a valid WILL.
So your father can leave a valid WILL without doubt of his share and if transfer by uncle is by a valid/registered deed as already explained above, then your father can dispose his share+uncles's share.
Check on the mode of transfer of your uncle's share, as already explained above.
Kumar Doab
(Expert) 31 August 2017
It is not mandatory to register the WILL.
It is always better to register the WILL.
Any WILL can be contested.
If contested WILL lands up in probate court.
Probate has its own time line, expenses, lawyer's fee etc ..........
In case there are issues in the family then be prepared to handle the challenge to WILL.
Kumar Doab
(Expert) 31 August 2017
Look at other perspectives; e.g. Settlement deed with life rights............
It is reiterated that you may carefully go thru mode of transfer by your uncle to your father.
Rajendra K Goyal
(Expert) 31 August 2017
Will is valid, it would be treated as her self acquired property. and she can bequeath / gift it in name of any one.
Owner of the property can sell / gift / mortgage / bequeath a will of the property, no one can object.
Dr J C Vashista
(Expert) 03 September 2017
Same query has been reproduced after change of subject i.e., instead of "WILL" in previous thread you have posted under the heading, "PROPERTY" wherein the experts have formed their opinion on the basis of presumptions, probabilities, permutations and combination, which may or may not be the situation, which I do not believe/agree.
Consult a local lawyer with all relevant facts and documents.
