Sayed Maqsood Ahmed 10 September 2024

registered will to transfer flat to the name of the heir

dear Sir

we have one member in our society. Details given below below .

they are asking to transfer the flat in the legal heir on the basis of the registered will made by the mother of sons

Husband expired long years ago
Mother had three sons
Elder son expired, leaving behind his wife and one son

Grandson was living with her grandmother as well as with Uncle in Australia
Leaving late. Elder son family mother made will for two sons

Widow wife and grandson are alive.
Complainant never visited society office after the death only email msg and phonecalls to other one or two committee members.
No documents like Death certificate, will letter nothing submitted to society office nor visited personally to society office.

now the legal heir has sent notice to our society to register the flat in his name.

kindly advise legal views if the flat can be transferred to the name of the heir based on the registered will.

thanks in advance for your immediate answer.

Best regards

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Quick Summary

This discussion concerns transferring a flat to a legal heir based on a registered will. While a registered will is generally valid for property transfer, the property's ownership status (self-acquired vs. ancestral) is crucial. If the property was not solely owned by the deceased mother, other legal heirs may have a claim, and a succession certificate might be required. It's advised to verify documentation and consult a property lawyer for a smooth process.

4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 September 2024

Based on the information provided, here are some general legal views: 1. _Registered Will_: A registered Will is a valid legal document that can be used to transfer property, including a flat, to the beneficiaries named in the Will. 2. _Heir_: If the heir is a beneficiary named in the registered Will, they have a legal right to inherit the property. 3. _Transfer of Property_: The flat can be transferred to the name of the heir based on the registered Will, provided: a. The Will is genuine and not challenged by any other legal heirs or parties. b. The Will specifically mentions the flat and the heir's name. c. The heir is willing to accept the inheritance. d. All necessary legal formalities, such as mutation, are completed. 1. _Mutation_: Mutation is the process of changing the revenue records to reflect the new owner's name. This is essential to transfer the property rights. 2. _No-Objection Certificate (NOC)_*: In some cases, an NOC from the society or other authorities may be required to transfer the flat to the heir's name. 3. _Consult a Lawyer_: It is recommended to consult a property lawyer to ensure a smooth transfer process and to address any specific concerns or issues that may arise.

Sayed Maqsood Ahmed 10 September 2024

Many many thanks learned high court advocate

Appreciate your quick response

Best regards

T. Kalaiselvan, Advocate (Advocate) 11 September 2024

The property originally belonged to her husband and upon his intestate death the property devolved upon all his class I legal heirs.

Therefore the widow of the deceased cannot assume to be absolute owner of the entire property hence she cannot write a will bequeathing the entire property in favor of any beneficiary unilaterally.

In this situation the legal heirs of the deceased son along with the widow and her other children are also entitled for a share out of the deceased husband's property.

You may issue a reply to them stating that let them produce the succession certificate in order to enable you to allocate the share certificate to all the eligible members as per the court order.

adv. rajeev ( rajoo ) (practicing advocate) 12 May 2026

On the basis of the will a person can claim his right over that property as legitee under will. If it is self acquired property of the deceased who has executed a will in favor of a person that person can claim the right, but if it is ancestral property then he cannot execute the will for entire property, he can execute the will to the extent of his share. so it is advised that, verify the documents and take necessary actions