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Without Will can legal heirs gift property to others?
04-Sep-2023 (In Property Law)
Sir,without showing registered will (that will favours my father.that property selfmade one)with only legal heirship certificate can legal heirs make gift deed&give to others? All they legal legal heirs executed a affidavit cum indemnity bond before notary that bond says they all know about that will, that will executed with free well&that favours my father In 2002 all legal heirs signed on that, that gift deed made on 30.1.13.yesterday only we come to known about this.when we go for ec for that property on 19.4.13 that registration not in that ec certificate. What we what to do.
However as per my understanding I shall give my opinion which is as follows :
There was a registered will favouring your father but the other legal heirs, by suppressing the existence of Will have joined together and executed a gift deed in favor of a third person in the year 2013 though the Will is dating back to 2002, am I right?
If that is so, how and what is the purpose of the so called notarised affidavit and by whom it was executed and what was the purpose of it?
How are concerned with this issue and what is the clarification you want in this? Who are those legal heirs and under whose possession is the property now?
Whether the Will executed in the year 2002 in favor of your father was enforced or not?
Who executed the Will to your father? whether the testator of the Will is alive or when did he/she die?
Please remember that such elaborate and serious subject cannot be clarified with one line answer especially when he question s devoid of details. Instead you can fix a phone or personal consultation with any expert lawyer of this forum and can clarify the details sought so that you can get an idea and better opinion.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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If the will provided property to all the legal heirs, they are free to deal with the property. If the property is situated within the jurisdiction of Madras High Court it should be Probated.
However without seeing the contents of the Will proper advice can not be given.
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