HC Guidelines on Transfer of Registry of a Property on the Basis of a Will

29 November 2024Posted inProperty & Succession, Will & Related Matters
The High Court of Kerala, in paragraph 17 of the judgement, in Babu R v State of Kerala [2024:KER:84934] on the above findings, formulated guidelines to be followed by the Revenue Officers under the Transfer of Registry rules (TR Rules) while considering the mutation) of the property on the basis of Will or testamentary succession.

Proving a Will when Attesting Witness is not Found

10 March 2024Posted inEvidence law, Will & Related Matters
An instrument, such as a Will, mortgage deed, or gift deed, which needs to be compulsory attested as per law, shall not be used in evidence, unless one attesting witness has been called to the court for proving its execution, if the attesting witness is alive, living with in the sphere of the process of the court, and can give evidence, under Section 68 of the Indian Evidence Act, 1872 (IEA).

Can a Joint/Mutual Will be revoked after One dies?

5 September 2023Posted inWill & Related Matters
A Joint will is revocable if the joint Will is a combined Will of two individuals and the survivor has received no benefits from the deceased testator, as inferred from the facts and circumstances surrounding the Will. However, a mutual Will becomes irrevocable on the death of one of the testators if the survivor had received benefits under the mutual Will, and that there is a specific contract prohibiting revocation.

Law relating to Will in a Nutshell

1 May 2023Posted inProperty & Succession, Will & Related Matters
Will is a solemn document executed by a person for planned disposition of his property after his death. If the Will is properly executed it would prevent many future clashes and court cases regarding ownership of property. In the absence of any suspicious circumstances, the presumption of genuineness of the Will would remain undisputed. Even though some infirmities exist they can be wholly neglected.

Legality of a Person’s Will in regard to his Dead Body

21 November 2021Posted inWill & Related Matters
Dead men are no longer persons in the eye of the law. They are devoid of much rights and no sort of liabilities. They no longer remain as the owners of their property even till their successors enter upon to take care of their inheritance. They have inheritable and uninheritable rights. Personal rights are uninheritable and they are wholly extinguished by his death. Proprietary rights on the other hand are usually inheritable. The successors step in as owners of his property at the moment he dies.