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Arka De   30 June 2021

Writing of Will for future property

My main question is,can anyone write a will for the property that she doesn't own at the time of writing the will and will own after writing the will.
Actually I have a non blood relative aunt who is in her last stage of life and want to give all her properties to me after her death as she doesn't have any heir(she's unmarried and no living relative) but she has a plot of land that is still to be mutated to her name as it is stuck in administrative faults,so can she write a will that will help me get that plot of land after her death which will eventually be mutated in her name.


 9 Replies

G.L.N. Prasad (Retired employee.)     30 June 2021

Mere mutation neither brings nor destroys the value of a legally valid title, at the most it may be treated as evidence of possession.  Writing a will is an independent task, and enforceability enters into picture after her death.  So, first get the will executed through a professional advocate, with two independent witness and get the same registered on top priority.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 June 2021

Point is that a property that is not mutated due to some bureaucratic wrangling does not take away the ownership or title over the property to your Aunt. She can very well write a Will duly mentioning the available details of the property in the schedule. You may help her to get the administrative problems solved by going to the office/s concerned and get the matter sorted out, during her life itself.

Arka De   30 June 2021

Sir the problem is that the plot is still not in my aunt's name,it's in the name of her elder brother(who has no living relative except her sister) who is no more,so the plot is to be transferred to her name by mutation of the land in her name.So right now can she draft a Will stating that the sole successor of the plot of land will be me after her death.

And yes I'll also make sure that the plot is transferred to her name while she's alive,then can I inherit the property by the means of the Will after her death?

Dr J C Vashista (Lawyer)     30 June 2021

She will have to be titleholder (owner) of the property being bequeathed, where mutation has no affect/ relevance.

You are complicating and confusing the facts vis-a-vis issue/ subject.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     30 June 2021

Whether your Aunt's brother died intestate in which case whether she and her sister are the only legal heirs and they partitioned with a Registered Partition Deed  or whether he left a Will in her favour alone?

What are the hurdles in mutating the property in her favour which you are terming as administrative?

Arka De   01 July 2021

Dear Sivaramaprasad sir,the hurdles in mutating the property is the negligence of the Anchal Authority and the desire for some good amount of bribe.All the paper submitted by me are correct and even the authorities acknowledge that there is no fault in my paperwork but still they are not doing the work.

My Aunt's brother was unmarried and haven't partitioned...he died without any will in favor of her sister...but since her sister is the only living blood relative the plot should be transferred to her soon.

T. Kalaiselvan, Advocate (Advocate)     01 July 2021

A will is primarily a legal declaration which any individual makes regarding the manner in which they would like for their property to be managed and distributed after their demise

All wills are required to clearly bear the name of the testator and the complete details pertaining to the assets and property they possess. 

It is important to note here that any will made beforehand by any testator can easily be revoked during the lifetime of the said testator and further it is also possible for the testator to make more than one will during his or her lifetime. This is especially important under instances wherein the properties prescribed under the will get disposed off during the lifetime of the testator itself or in cases wherein the beneficiary predeceases the testator. 

 

Vasundhara Singh (Student)     02 July 2021

Hello!  

Mutation of property is done so that the name of the buyer or the inherited person is updated in the government records to prevent any confusion and the property tax is paid by the person who holds the title of the property.   

According to the facts mentioned by you, it can be noted that she is the sole heir of her brother’s property and if he has died intestate, his sister will receive the whole property, and mutation of such property will be required. The supreme court while declining a special leave filed by Bruhat Bengaluru Mahanagara Palike held that mutation does not confer the title of the property on anyone and the same has to be established independently.  

Therefore, your aunt can have ownership of the property without mutation and it can be proved in the court through a declaratory suit. Since the property is inherited by her, she can make the will of the property in your name and mutation will not affect such will.  

Regards  

Vasundhara Singh  

P. Venu (Advocate)     03 July 2021

Inheritance takes place by operation of law. On the death of a person his property devolves upon the legal heirs. It makes no difference if the property remains to be mutated in the name of the legal heirs. 

In the present case, the testor can execute the Will for the properties which are vested with her by inheritance. Any future complexity could be taken care of if the aspect of inheritance is properly described in the Will. 


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