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shivaprakash N (Managing partner)     11 November 2016

Transfer of property

Dear Sir,

Mrs A , Hindu by religion died leaving a regd will in favour of X a male child  all of her agricultural property  partly self acquired by sale deeds and others acquired through release deeds from her brothers.  Please inform whether the above property can be shared as per mutual agreement through release deeds among themselves  ignoring the Will  for out of court settlement..  What are the  provisios under transfer of  property act in this case? Is it legal?

Thanks in advance


 10 Replies

Kumar Doab (FIN)     11 November 2016

Is the WILL registered?

In any case WILL exists.

Then what out of court settlement and what is the dispute in court?

Has the WILL been contested?



adv.bharat @ PUNE (Lawyer)     11 November 2016

Yes it can be shared among the members.

adv.bharat @ PUNE (Lawyer)     11 November 2016

Author need to explain the query raised by expert.

Laxmi Kant Joshi (Advocate )     11 November 2016

Mrs. A is a sole owner of those property which she had aquired by self earned and by release deed given by her brothers in her favour , now she had all rights to done a registered will in the favour of X , now X can execute the will and become the sole owner of the property and if he wants to give shares to his siblings he is free to do so as per his wish .

shivaprakash N (Managing partner)     11 November 2016


Will is registered.

Will is not contested.

Dispute by other children Y and Z females seeking equal share through release deeds based on mutual  consent without allowing the beneficiary of the will  X to get the Khata transferred in his name first,. Thus,  avoiding approach to court  is termed as out of court settlement  in the above context.  

I hope the points  are clarified now. 

Thanks in advance for prompt reply.

Ms.Usha Kapoor (CEO)     12 November 2016

Through his moter's will  X got absolute ownership rights over the property. Now ignoring the will and  through out of court settlement X wants to share  his properties with hi sisters, which as an absolute owner he  has  a right to do so.If  you appreciate this answer please click the thanks you button on this forum..

P. Venu (Advocate)     12 November 2016

"Please inform whether the above property can be shared as per mutual agreement through release deeds among themselves  ignoring the Will  for out of court settlement"?

Who are "themselves"? What is the relevance of "Court settlement"? how is the matter is in the Court? It appears that author has much more material facts to disclose.

SHARAD CHANDRA DANEJ (Asstt. Manager)     12 November 2016

Yes he has all rights to dispose off his property as he wants.

HEMANT SONI   12 November 2016


Kumar Doab (FIN)     13 November 2016

The last wish of testator in WILL is supreme.

Once beneficiary has become owner he/she can dispose in anyone's favor.

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