Legality of will
SHRESHTH CHAUDHARY
(Querist) 18 May 2012
This query is : Resolved
A TRANSFER THE PROPERTY TO B THROUGH TRANSFER.BUT AFTER TRANSFER B DIDN'T MAKE THE CONVEYANCE DEED YEARS IN HIS FAVOUR FOR 12 YEARS.AFTER THAT B MAKE A WILL AND TRANSFER THE PROPERTY TO HIS YOUNGER SON.QUESTION IS-
1.THE WILL WHICH IS MADE BY B IS HIS YOUNGER SON FAVOUR IS LEGAL AS PROPERTY IS TRANFERED IN B NAME BUT HE DON'T HAVE THE CONVEYANCE DEED IN HIS NAME?NOW THE B HAS EXPIRED.
2.CAN B's YOUNGER SON CAN MAKE THE POWER OF ATTORNEY ON THE BASIS OF WILL WHICH IS YET TO BE PROBATED?
Nadeem Qureshi
(Expert) 18 May 2012
Dear querist
without any conveyance deed how can the property transfer?
Shonee Kapoor
(Expert) 19 May 2012
The property was not transferred. Hence will is valid.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shashikant V. Patil
(Expert) 19 May 2012
As per your facts, B is expired so the WILL executed by B in the favour of younger son now operate. Hence, submit the copy of Will to the Mandal Officer or Circle officer of Revenue Dept. for mutation and accordingly, the property will be in the name of younger son then after, he can execute, Power of Attorney in favour of anybody he wish. As far as concern to the probation of will, you have to confirm state law procedure ,how they take mutation of Will be it without probated or not. Otherwise, first you have to go for probation of said will through court and it has to take time.
SHRESHTH CHAUDHARY
(Querist) 19 May 2012
MY QUERY IS CAN A PERSON CAN MAKE A WILL IN CASE PROPERTI IS TRANSFERED IN HIS NAME BUT NO CONVEYENCE DEED IS HIS NAME FOR THAT PROPERTY?
ashutosh mishra
(Expert) 19 May 2012
Dear Mr. SHRESHTH CHAUDHARY!
Since you are confused you are confusing us too.
I have tried to collect the information forwarded by you as follows:
1)"A" transferred his property to "B" but only by delivery of possession and deed not made any kind of transfer deed,be it a sale,or a gift or exchange etc.
2)After "B" coming into possession from "A"
got his name mutated in record of rights which has remained unassailable all over these years till life of "B".
3)"B" has made a Will about the same property so acquired from "A" in his younger's son favor.
AND you want to know if the will is good in law even without any transfer deed not made by "A" in favor of "B".
IN MY OPINION THE WILL IS VALID If "A" or none under "A" has claimed title against "B" in past 12 years after "B" came into possession and got mutated his name.
J K Agrawal
(Expert) 19 May 2012
The Transfer deed only is not sign qua non of title. There are so many modes to gain title. One of them is adverse possession and another is prescription.
I think the case is not so easy. the B may be having acquired title even without conveyance.
Further the question is If one can give another POA on basis of a will which is under process of probate?
As per Section 21 of the TP Act the interest is contingent and any action by you or your POA Holder is subject to probate of will.
