rights of heirs of a beneficiary of a will fr immov.Proprty
biren
(Querist) 23 July 2010
This query is : Resolved
what are the rights of the heirs of a beneficiary of a will, in following case:
If the beneficiary of a will (for immovable property):
1. fails to execute the will and get the property transferred in his own name - for 10 years;
2. and if the beneficiary dies (leaving the property still registered in name of original owner who had bequethed the property to the beneficiary)...
3. the heirs of the beneficiary file a claim for the property of will AFTER 8 years of the death of beneficiary - that is, 18 years AFTER the death of the original owner, and effective date of the will.
any judgements that can be used for citation would be very welcome.
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query-2:
what is the time limit for the execution of a will after the death of original owner.
thank you for taking time to help me out.
s.subramanian
(Expert) 23 July 2010
there is no legal bar in claiming the property by the heirs of the beneficiary on the basis of the will. the point of limitation will have to be answered convincingly.
there is no time limit prescribed.
Chanchal Nag Chowdhury
(Expert) 24 July 2010
1.He may apply for Probate now unless the testator is a muslim, in which cese, no Probate is required.
2.The heirs of the beneficiary may apply for Probate.
3.Yes. They can.
biren
(Querist) 24 July 2010
so, essentially, the heirs DO have a right to claim and get the immovable property - if the case is as follows:
"A" leaves a will naming "B" a beneficiary and dies. "B" does nothing to have the property transferred in his name, and dies after 10 years of "A"'s death, leaving the property still in the name of "A".
then, 8 years after the death of "B" - and so, 18 years after the death of "A" - the heirs of "B" register a claim for the property to be handed over to them.
as per law, they are entitled to get it, right?
(it must hv been obvious, i am not a lawyer)
thank you.
