Transfer of property share

shyam lal (Querist) 19 November 2021 This query is : Resolved
A deceased mother(widow) leaves a registered WILL in respect to her self acquired immovable property mentioning shares to be divided among adult siblings.Situation is till date the property in question is still in mothers name in the Registrar office and in the Municipal records.Situation is one of the sibling wants to give his share to the other brother with out any consideration.Query --what is the Legal procedure for transfer of share.in the given circumstances Can he write a WIll?

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A deceased mother's will outlines shares for her adult siblings in her self-acquired property, which is still registered in her name. One sibling wishes to transfer their share to another brother without payment. The recommended legal procedure involves executing a partition deed to divide the property according to the will's shares. While a sibling can write a will for their potential inheritance, clear title transfer through mutation is necessary first.

Hemant Agarwal (Expert) 19 November 2021
1. He can write his WILL for the probable receivable property. However, proper mutation /transfer of deceased's property must take place in favor of WILL beneficiaries, to establish clear title to property, before writing any will for such property.

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kavksatyanarayana (Expert) 22 November 2021
As your stated facts, the mother had self-acquired immovable property mentioning shares to be divided means, you shall divide the property as per shares by executing a partition deed in my opinion.

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