1. Yes you can make a registered will of your share in property as per partition deed , your son after you demise based on the will be eligible to get the property mutated in his name and ownership will transfer to him.
Clarification on property inheritance
I'm a resident of Bangalore inheriting parental property. I m a eldest daughter of my parents. There is no male issue. Property which is inherited by me the elderly daughter n my sister. After my father demise my mother inherited the entire property. Before her death she made a will dividing the property equally between me n my sister. But will is not registered. After my mother demise partition deed had been made n it is registered. Though the partition deed has been made khata transfer still not done in our names. Now we are living in the same property that is in ground floor my sister is living n in First floor im residing currently according to will. Even my husband has passed away few years back. I'm a senior citizen. Now I wish to make a will. I'm having one son. Now my question is though I inherit this property from my mother according to will still khata has not transferred to my name, is it possible that if I make a will in the name of my son, does it transfer to him properly?
Asked 3 years ago in Property Law
Religion: Hindu
16 Answers
You have to first get mutation of property done in your name on basis of registered partition deed
2) only after property is transferred in your name in revenue records should you execute will bequeathing property to your son
3) registration of will is optional
1. In view of partition deed registered between you and your sister, you can get the Katha Certificate in your name from the jurisdictional BBMP Office.
2. After getting the Katha in your name, you can execute a WILL for the property in your son's favour. Registration of WILL is not compulsory.
Yes this will be transferred properly
- As per law, Khata transfer is required when the ownership of property is transferred from one person to another for any reason like sale of property, gift, will or in case of death of property owner.
- As you got the said property from the inherited parental property , then after receiving the same , it become your self acquired property , and now you having your right to transfer the said property to your son legally.
- Since you want to transfer the said property to your son by way of WILL , then before transferring you should apply for getting Khata .certificate in your name after submitting the Partition deed .
- Further registration of WILL is not mandatory ,
Khata transfer dose not effect title. You are 50% owner as per Will and can bequeath your share to your son.
When Will will be effective , khata will directly transfer in your son name. Provide him Will of mother also.
Dear Ma'am,
In order to avoid any future complications, it is advisable that you get the Khata changed to your named first. Thereafter, if you have only one son (and no other children), there is no mandatory requirement to make a will, as according to the law of succession the property will automatically pass on to your son.
You can also make a will if you wish to.
Dear Sir/Madam,
You are suggested that you can very well make the WILL of the share of your property.
First inherit the property on your name and later make a WILL as per your wish. But once you transfer mutation papers on your name and the only son you have than no need to go for WILL.
1. Based on the WILL document and the Partition Deed, you may execute your WILL (attested by minimum Two witnesses) of your own share of Property, in favor of your Son, without any exceptions or any further legal references.
2. Khata Transfer is a mere formality and must be done after each Transfer (Father to Mother, Mother to both Daughters, Daughter to their Son .... )
3. IF the Municipal or Revenue Authorities refuse to conduct the Khata Transfer formalities, THEN "IF" required you may seek relevant directions to the Municipal or Revenue Authorities, to conduct the Khata transfer procedures.
You can transfer the property to your son by a testamentary disposition I.e., by a Will.
Since you have inherited the property by a registered partition deed you become the absolute owner of the property with clear and marketable title to your name.
The Will shall come into force only after your lifetime.
In the meantime you can always transfer the khata to your name on the basis of registered partition deed.
NO, it has to be transferred in your name first.
Yes you can make a will and even transfer khata on basis of that will
on the basis of partition deed you can apply for transfer of khata in your name then you can write a registered will.
1. You can make will without mutation of property on your name.
2. Yes property will transfer to your son if you make a will in your favour.
3. You can apply for mutation of property on your name now also.
Th property was your father's. After his demise the property had to be divided amongst you 3. How could your mother inherit the whole property. Now if you sisters have the property in your name then you may make a will. But mutation is necessary.
