S K Kochhar (advocate) 26 March 2014
1. A in 1987 wrote an unregistered WILL duly witnessed and counter signed by the Legal Heirs and bequeathed 1/8th of his house to his Brother in Law (Wife's Brother)
2. A died in 1989 and the Legal Heirs of A acknowledged to B his share.
3. B in 2010 wrote another Will and bequeathed his share inherited as per Will of 1989
to C.
4. How should C get some document. to prove his title.
5. The legal Heirs of A can write a relinquishment deed
Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 26 March 2014
1. A person can may a Will of a property duly owned or duly transferred to him, on records.
2. In the instant case it seems that actual "transfer of property" did not pass on to "B" based on "A" 's will, which means the title-ownership of "A" property is still registered in the name of "A", and not in the name of "B". Hence "B" cannot make a Will, of any property, which does not stand in his name.
3. Solution: Prepare & Register a "Family Settlement /Release Deed" between ALL the legal heirs /beneficiaries of "A".
4. First Transfer the relevant part of the property in name of "B", subsequent to which "B" will be able to bequeath /gift his property to whomsoever he wishes.
Keep Smiling .... Hemant Agarwal
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