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Vijay Shankar   30 May 2021

Can registered will be partly enforced by registrar ??

Z made a Registered will which had 3 property mentioned in Name of X & Y. During lifetime Z sold one of the property out of three. Now Z died.
Can X & Y get the remaining 2 existing Property transferred in their name as per mentioning in the Existing Registered will in the Registrar Office?


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 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     30 May 2021

At the time of the death of the Testator, the properties which lie in his name shall be divided among the two as mentioned in the will .

Sankaranarayanan (Advocate)     31 May 2021

yes they can share the property as per the WILL 

G.L.N. Prasad (Retired employee.)     31 May 2021

The will comes into force after the death of 'Z" and whatever properties were left/remaining after his death by Mr.Z has to be distributed as per the will.

Advocate Bhartesh goyal (advocate)     31 May 2021

" Z " bequeathed three properties to" X "and "Y "through his will out of these three properties he sold one property during his lifetime after death of "Z ", "X "and "Y" have right to get transferred remaining two properties in their name as per will.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 May 2021

Although Z bequeathed three properties to X and Y, he during his life time sold one property. When he died two properties mentioned in the Will are available. The beneficiaries can share the properties as per the Will.

Dr J C Vashista (Advocate)     01 June 2021

I endorse the advise of experts.

X & Y shall take benefit of the 2 properties left over and bequeathed by Z .

P. Venu (Advocate)     01 June 2021

Yes, the properties,left would be shared. But it is not the Registrar's jurisdiction to enforce the bequest. The legatees need to get the Will, if so required, and get the property mutated in the public records.

T. Kalaiselvan, Advocate (Advocate)     02 June 2021

As per the Will the properties whichever is still available, the beneficiaries n acquire them and divide them equally between them subsequently by  a partition deed.

 


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