P. RANGANATHAN (FORMERLY ADVISOR TO GOVT OF OMAN) 29 August 2012

Property to be willed to a non-relative

IF A PROPERTY, IMMOVEABLE IS TO BE WILLED TO A NON-RELATIVE, WHAT ARE THE PRECAUTIONS, DOCUMENTARY OR OTHERWISE, TO BE TAKEN TO ENSURE A SMOOTH TRANSITION/TRANSFER, BY WAY OF KHATA/PATTA TO THE BENEFICIARIES? WILL REGISTRATION OF THE WILL ADD TO THE STRENGTH/AUTHENTICITY OF THE WILL PROVISIONS? HOW IS THE WILL TO BE DRAFTED WHEN THERE ARE OTHER PROPERTIES TO BE BEQUEATHED TO THE RELATIVES?

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 29 August 2012

If the property is self acquired it can be willed to anybody relative or non relative, with exactly tthe same formalities and process. One thing to be bore in mind is that when near relatives are ousted by a person from suceeding to his property by a will, a great onus is placed on the beneficiary (third person) to prove the genuinity of will. Registration always places a presumption of execution of will. All wills should be witnesses by two trustwoorthy attesting witnesses, ideally a lawyer and a doctor.

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