Transfer of will

Niranjan (Querist) 13 November 2016 This query is : Resolved
My wife Grandfather having 364 Sq.Yards land and having Grand Daughters. He wrote a will that Each Grand Daughter will get equal share of land i.e., 182 Sq. Yards. At the time of marriage he registered 152 Sq. Yards to my wife as Gift at time of Marriage. Last Year he died. My questions are

1. How my Wife will get full legal rights on all total area of 182 Sq Yards?

2. How to change my Registered docs from 152 to 182 Sq.Yards?

3. is the Register of WILL is sufficient or need to do any amendment to Registration Docs?

Regards / Niranjan (Mob: 8007775696)

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Guest (Expert) 13 November 2016
Your Title is Wrong.There is No such Clause like" Transfer of Will".The Will to be Probated in Court to Implement it .Consult A Local Good Senior Advocate with a Certified copy Of the Will and it could be Probated in court with in a Maximum Period of 3 month

Ms.Usha Kapoor (Expert) 14 November 2016
Agree with experts.

Ms.Usha Kapoor (Expert) 14 November 2016
Get a Probate of the court.

Kumar Doab (Expert) 14 November 2016
Submit the WILL to concerned authority under whose jurisdiction property falls, to act upon the WILL.

Mr. N.J.S.Rajkumar has already advised you on 'Transfer of WILL'.

The granddaughters can agree that 182-150=30 Sq. Yards may be transferred to your wife, and 182 Sq. Yards to other grand daughter as stated in the WILL.

Rajendra K Goyal (Expert) 14 November 2016
It seems he was having two granddaughters.

He has already gifted 152 sq. yards to your mother.

Rest land left 212 sq. yards out of which each would get 106 sq. yards as per will if otherwise any specific condition exist in the will.

You can proceed to get the mutation done on the basis of will, if probate is not required at your place / it is not in presidency towns.

Gift deed can not be amended.

Kumar Doab (Expert) 14 November 2016
Apparently WILL is signed first and gift is second.

Is this gift made by registered gift deed?

Confirm!

Did he change in his WILL; 182 sq yd to 52 sq yd?

The WILL is for 182 sq.yd to each out of 364 sq yd.

If gift is by redg. gift deed and accepted by donee then gift is complete and 364 sq yd, is not remaining.

Asking for 106 sq yd may invite objections from other granddaughter.

If amicably it can be settled then nothing like it.

Otherwise it is amongst all of you to settle on 106 sq yd to each.

Mr. N.J.S Rajkumar is right that WILL may be submitted ASAP to act upon it.

Mr. Rajendra K Goyal is right that if gift deed is valid it can not be changed.

Niranjan (Querist) 14 November 2016
Yes. Will is fst one and gift is second. Gift is registered deed. Registered deed is for 152 sqy and will is saying 182 sqy. My query how to get balace 30 saq on wife name as registered deed. I dnt want 106 sqy. I am ready to give 182 to other granddaughter.

adv.bharat @ PUNE (Expert) 14 November 2016
Whether will is registered?

adv.bharat @ PUNE (Expert) 14 November 2016
in order to claim the remaining 30 Sw. ft. u need to prove it before the court of law.

Kumar Doab (Expert) 14 November 2016

>>> You have posted that:

"Yes. Will is fst one and gift is second. Gift is registered deed. Registered deed is for 152 sqy and will is saying 182 sqy. My query how to get balace 30 saq on wife name as registered deed. I dnt want 106 sqy. I am ready to give 182 to other granddaughter."

>>> Your post is appreciated.

>>> Probably you are facing issues in acting upon the WILL.

Both granddaughters can agree to divide the leftover estate narrated in the WILL, as in your post.

It shall be better to mention boundaries/sides/measurements.

A very able counsel at your location specializing in revenue/property/civil matters can help you.

Rajendra K Goyal (Expert) 14 November 2016
get the mutation done on the basis of will.

Guest (Expert) 14 November 2016
Consult a Local good advocate with all Evidence/Documents

adv.bharat @ PUNE (Expert) 14 November 2016
Agreed with expert opinion.

Ms.Usha Kapoor (Expert) 15 November 2016
Agree with expert RK.Goel.

Kumar Doab (Expert) 15 November 2016
A very able counsel at your location specializing in revenue/property/civil matters can help you.Visit with all docs on record.

Rajendra K Goyal (Expert) 15 November 2016
First try for amicable settlement.

Transfer of will

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