Unregistered will

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 September 2014 My father passed away about 4 months back and he has executed will for transfer of all his individual assets to sons without bequeathing any assets to married daughters in the will.

Also he has set the directions for partition of assets of his HUF without any assets to be passed on to the married daughthers of the HUF.

The will states transfer of immovable properties without any transfer to daughters.

Also the division of the transfer is inequal in proportion to only the male coparceners of the HUF and wife.

My father has certain properties registered in his individual name which form part of the HUF.

For transfer of the properties in his individual capacity , will the WILL be the only document for transfer of khata in registration offices.

For transfer of the properties held in his personal name but forming part of the HUF assets will the WILL be the basis for change in khatas in the states of karnataka or tamilnadu and does the married daughters have to execute any release deeds for properties held by my father in his individual capacity or as KARTA of the HUF.

If any release deed is to be executed by daughters can the same be done in Bangalore and what all documents have to be produced by the daugthers for registering the release deed.

Querist : Anonymous

Querist : Anonymous (Querist)

19 September 2014 I have not got any reply from any expert on my query , can somebody reply to my query soon.

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
Follow

02 August 2025 This is a complex and sensitive issue involving inheritance laws, HUF partition, and property registration. Here’s a detailed explanation based on your scenario:

---

### 1. **Will and Transfer of Individual Assets**

* **Assets in your father’s individual name** are governed by his **Will** for transfer after his death.
* The **Will is the primary document** for transfer of those assets to the beneficiaries mentioned in the Will.
* For registration offices (in Karnataka or Tamil Nadu), to transfer the **Khata** (property ownership record) for immovable properties registered in your father’s individual name:

* The **probate of the Will** may be required in some jurisdictions to prove its authenticity.
* Submit the **Will, death certificate, legal heir certificate**, and other documents as required by the Registration Department.
* Since daughters are not bequeathed any assets in the Will, their consent or release is **not required for transfer of assets held in your father’s individual capacity**.

---

### 2. **Properties Held as Part of HUF Assets**

* Assets that are **part of HUF property** belong collectively to the HUF and not to your father individually.
* Your father was the **Karta** (manager) of the HUF but not the sole owner of the HUF assets.
* **Married daughters are coparceners** (joint heirs) of the HUF under Hindu Succession Act (amended in 2005), so they have a right in HUF property.
* The **Will cannot override the rights of married daughters in HUF property**, as the HUF assets are governed by HUF laws, not by the individual’s Will.
* **Partition of HUF** is required to distribute the assets among coparceners (sons and daughters).
* Transfer of HUF assets to sons excluding married daughters by Will is legally **not valid**.

---

### 3. **Execution of Release Deeds by Married Daughters**

* For **transfer of HUF property** to sons without daughters, daughters **must execute a release deed** voluntarily, giving up their share.
* If daughters agree and execute release deeds:

* Release deeds can be **executed in Bangalore** or any place as per jurisdiction where property is located.
* Daughters need to provide:

* Identity proof (Aadhar, PAN, Passport)
* Proof of relationship (Birth certificate, Ration card)
* Death certificate of father
* Copy of Will and legal heir certificate (if applicable)
* No objection certificate or affidavit stating voluntary release of rights
* The release deed must be duly registered with the Registration Department.

---

### 4. **Legal Advice**

* Since this involves complicated **inheritance and property laws**, it is advisable to:

* Consult a **legal expert or advocate** specializing in property and succession laws.
* Obtain legal opinion regarding partition and release deeds to avoid future disputes.
* Ensure all documents are legally compliant and properly registered.

---

### Summary:

| Aspect | Remarks |
| ---------------------------- | ------------------------------------------------------------------------- |
| Individual property transfer | Transfer as per Will; daughters’ consent not required |
| HUF property transfer | Will cannot exclude married daughters; partition required |
| Release deeds by daughters | Needed if daughters agree to give up share; must be registered |
| Registration of transfer | Probate of Will (for individual assets), legal heir certificates required |

---

If you want, I can help you draft a checklist of documents required for registration or a sample release deed template. Would that help?

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now