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Procedure on sharing of property
My uncle has expired. His legal heirs are his wife, his minor son, and his mother. But his mother does not wish to have a share of her son’s property. What is the procedure in such a case when it comes to house property, bank balance and other movable properties.
A. Ganapatheeswaran
#11, First Floor,
Surya Street,
Bharani Colony,
Saligramam,
Chennai - 600093
Mr. Narayanan replies: Your uncle’s wife can execute a Settlement Deed in favour of her minor son, if she is very clear that the house property should go to the son immediately. The stamp duty and registration charges are nominal. This has certain repercussions which may be checked with an advocate.
The movables can be transferred by delivering custody of the same and a declaration in the nature of a confirmation of gift can be executed. The proceeds in the bank have to be dealt with in accordance with the type of account, nomination, etc.
Execution of will
My mother, a Hindu , passed away a few months ago leaving a will which gives away her landed properties to her four children specifically identifying the exact extent, measure and location of the share of each beneficiary. My elder brother is declared as the executor of the will. My question is whether there is any guarantee that the executor would execute the will exactly the way stipulated therein without any alteration enabling the beneficiaries to possess their respective shares?
Is it possible for him to assign his duties, at his will, to somebody else of his choice? If he does so, do we, the rest of the beneficiaries. have any recourse to prevent it?
Ram Meempat
12D Cliffdale Apts
Nanthencode
Trivandrum - 695003
Mr. Narayanan replies: There is a duty cast upon the executor to implement the terms of the Will.
The executor cannot act on his own or alter the terms of the Will.
The executor cannot assign his responsibilities to any other person. If the executor refuses to act, the beneficiaries can approach the Court and obtain Letters of Administration with Will annexed.
This will have the same effect as probate granted to the executor for practical purposes although there are considerable differences also in each case.
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