will
Querist :
Anonymous
(Querist) 02 June 2010
This query is : Resolved
sir,
one of my uncle executed a will with out mentioning probate in which he bequeathed 05 plots in my name during the year 1995. later on in the year 1998 he sold 02 plots to some persons out of those 05 plots and he did not revoke/amend the will.
now i approached to the tehsildar for mutation of rest of 03 plots in my name as per the will. he tehsldar refused to mutate the plots in my name by saying that your uncle himself did not stand on will executed by him and he sold 02 plots after the execution of the will and furthermore legal heirs of your uncle are objecting the mutation by claiming their share from ancestral property.
sir is it possible to get rest of 03 plots in my name since the will is not been revoked till date?
sir my uncle expired during the year 2000
B K Raghavendra Rao
(Expert) 03 June 2010
Will is operative only after the death of the executor. If he disposes off all his property before his death, then Will becomes redundant and infructuous. Will is called the weakest legal document of property transfer. You would not get any right or title over the property till your uncle is alive.
