Can legal heir do Settlement / gift deed on undivied share?
1 year ago
A person named Ravi passed away in 2019. Ravi's mother, wife, son, and daughter are legal heirs as per Ravi's legal heir certificate ( 4 members). Ravi's wife also passed away in 2021. Ravi has six land properties. Of the 6 land properties, 2 were acquired as family settlements from his father in 2011 and registered as family settlements. The remaining 4 properties are Ravi's own earned properties. Till date, Ravi’s properties are not yet divided. Ravi’s mother can still write a WILL or settlement deed or gift deed on these undivided properties to her grandson that is Ravi’s son?.
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago
A.After Ravi's death without any Will, his properties have been devolved upon his mother, wife, son, and daughter each having equal undivided share thereon. Ravi's mother through Will or registered Deed of Settlement or registered Deed of Gift can transfer her undivided one-fourth share in deceased Ravi's properties in favour of any person of her choice.
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A.Dear Sir,
Yes, to the extent of her share Ravi’s mother can execute Will or settlement deed in respect of undivided properties to her grandchild.
Yes, to the extent of her share Ravi’s mother can execute Will or settlement deed in respect of undivided properties to her grandchild.
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A.Dear Client
All the properties were under the ownership of Late Ravi and after his death since there is no will made by him hence he died intestate and and now the property will devolve to all the legal heirs as per the law. The mother of Ravi cannot make a will on his behalf.
All the properties were under the ownership of Late Ravi and after his death since there is no will made by him hence he died intestate and and now the property will devolve to all the legal heirs as per the law. The mother of Ravi cannot make a will on his behalf.
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A.Dear Client,
if those properties are divided but not registered on Mr. Ravi's name, since those are properties he got from his father, mother can make a will to her grandson. if they are registered on Mr. Ravi's name, then no need for will as they are already registered.
if those properties are divided but not registered on Mr. Ravi's name, since those are properties he got from his father, mother can make a will to her grandson. if they are registered on Mr. Ravi's name, then no need for will as they are already registered.
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