Civil Procedure Code (CPC)

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Registration of a will

(Querist) 29 July 2020 This query is : Resolved 
My Father expired some 10 years before. He has property in Maharashtra and our Native place also. After the death of the father, the property was not made in the name of mother as there was a oral partition agreement reached between the heirs.

Now Mother says she will only execute a will in favour of the other heirs. We are in the process of getting the properties in her name by way of a Heir ship Certificate in her name but it is taking some time. She is in very old age. My Question is whether the will made before the property transferred in her name will be valid? Please help. Thanks
SHIRISH PAWAR, 7738990900 (Expert) 29 July 2020
Hello,

You are in process of getting legal heirship certificate and transferring property in your mother's name. So as per me to execute will the person should hold the title of property.
Rajendra K Goyal (Expert) 29 July 2020
After the death of your father your mother inherited the property with other legal heirs. She has right to bequeath a will of the property even if her name has not been entered in record.
niranjan (Expert) 29 July 2020
when there was mutual oral agreement between heirs and decided to give whole property to your mother,then in that case now do that in writing accordingly and get it registered which will make your mother full owner and then let she make will.
kavksatyanarayana (Expert) 29 July 2020
As per me, your father expired intestate and hence all his legal heirs including your mother and sisters (if any). You stated that your mother in old age. So it is better to make partition among all the legal heirs and for your mother share, she may execute a Will as she wishes which will come into force after her.
Shilesh Patel (Expert) 29 July 2020
your mother and other legal hairs have inherited the property after the death of your father, Tell all the legal hairs to draft a Release deed (all those who had oral partition) and draft a will of your mother to whom it may favor now and get it registered.
Dr J C Vashista (Expert) 30 July 2020
All legal representatives of deceased (your father) shall have equal share in the intestate property including a share for your mother, for which she may execute a will.
P. Venu Online (Expert) 30 July 2020
The query is based on wrong and uninformed presumption that the wife inherits all the properties of the deceased husband. The Correct legal position, in terms of the provisions of the Hindu Succession Act, is that the properties of a person dying intestate in inherited by all the Class I legal heirs i.e. the wife and the children.

In the instant case, on the death of the father the property is jointly vested with you, your mother and the siblings. If at all the mother makes a Will, that would relate to her share in the jointly held property.
Rajendra K Goyal (Expert) 30 July 2020
You said:
Now Mother says she will only execute a will in favour of the other heirs.

Reply:

She has right to bequeath her share in favor of anyone even out of family. You can not object.

You said:
My Question is whether the will made before the property transferred in her name will be valid?

Reply:

She can bequeath a will, pending transfer of property in her name in the record.


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