• What happens if the will testator dies and beneficiary

My grandfather had registered a will in favour my father for a patta land in Uttar Pradesh,alloted to my grandfather as he was landless farmer.My grandfather died 5 years ago.Patta land ownership transfer process was not complete due to some administrative issues at tahsil.In the meanwhile my father also died last year.
Now my father's brother also want a share in the land as they know ownership transfer has not happened in my father's name.However we have proper will documents in favour of my father.
So lawfully do my father's brother also have share in the land or my father's family is the sole heir of the land?
Asked 3 hours ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

2 Answers

1) Once your grandfather passed away, the property rightfully became your father's asset. 

 

2)  Because your father passed away after your grandfather, the property passes down to your father's direct legal heirs (i.e., his spouse, you, and your siblings) under the Hindu Succession Act, rather than returning to your grandfather's other children

 

3)The fact that the mutation or name transfer in government records (Khatauni) is incomplete does not void your ownership. Mutation is simply a fiscal update for tax purposes; ownership is established by the Will and the death certificates of the titleholders

 

Ajay Sethi
Advocate, Mumbai
100546 Answers
8221 Consultations

As per Will your father is the beneficiary and the property bequeathed automatically vested on your father upon the death of his father I.e., the testator. 

Now upon your father's death,  his own legal heirs are the successors in interest to succeed to the estates of the deceased beneficiary. 

His brother do not have any rights in the property. 

 

T Kalaiselvan
Advocate, Vellore
90750 Answers
2523 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer