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David Baker (advocate)     01 August 2012

Adding names of legal heirs in land records

Mr A a christian owned land and structure thereon. He died in 1969 bequeathing all movable and immovable assets to his wife. However, his WILL was probated only in 2002, only after his wife died in 1995. 

1. Do the assets of Mr A go to his wife, who was not alive when Mr A's will was probated?

2. A's wife too made a will, but the same is not probated.

2. The legal heirs of Mr A now intend to add their names in the Land records. A few legal heirs objected to the same and raised an objection in wrtiting with the city survey office, on the ground that a WILL of Mr A and his wife are very much clear on the intentions of the testators and hence mutation in the land records without giving importance to both the wills would be illegal.

How does the Law interpret such a situation



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 2 Replies

Anish Thakur 7018812737 (advocate)     01 August 2012

dear querist,

the property of mr a will not transfer to his wife as she is dead when the will came to limelight so the will made by a become void and the property of a will get distributed to all legal heirs of A and the will made by  A wife will remain effcetive only ti her share.

David Baker (advocate)     01 August 2012

Thanks for your update on the said matter. However, is this your opinion or are you relying on Law? Kindly provide me with Citation/Law/Section on which you have relied


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