Q.: I am residing in Kerala and I want to register my Will in Kerala pertaining to my property in the State of Karnataka. Is it valid in the eyes of law?
A.: A Will can be registered anywhere. Even an unregistered Will is a valid one. However, the Court will look only into the genuineness of the Will irrespective of where it is registered. A Will can be registered even after the death of the person.
Q.: Our father sold our ancestral property about ten years ago without our knowledge. Can we file a case against the purchaser?
A.: Your father should not have sold the ancestral property without the knowledge of the legal heirs. You have a right to the property in question. If you are a minor you cannot file a case until you attain the age of eighteen. Immediately after reaching the age of eighteen, you may file a case against the purchaser. However, the verdict will depend on various facts.
Q.: As a citizen of India can I purchase a property anywhere in India?
A.: You can buy a property anywhere in India except in the State of Kashmir. However, if you intend to purchase a piece of agricultural land in Karnataka either (1) you have to be an agriculturist (2) your annual income should not exceed Rs. 2 lakh or (3) you should be an agricultural labourer. Otherwise, you have to obtain permission from the Deputy Commissioner for purchasing agricultural land in Karnataka.
This is a peculiar stipulation under section 79 (a), (b) and (c) of the Land Reforms Act prevailing in Karnataka. In other States, however, there are no such restrictions. Innocent individuals, who unknowingly purchase agricultural land in Karnataka, sometimes get harassed by state revenue officials, due to this provision.
Q.: I have a property, which I would like to bequeath to my minor grandson and not to my son. Please let me know what should I do?
A.: If the property is self acquired, you may directly bequeath it to your grandson through a Will. Alternatively, you may bequeath the property to your son for his lifetime and thereafter it will go to your minor grandson.
Q.: My friend’s wife left my friend and released all her rights through a Release Deed. Can she lay a claim to my friend’s property now?
A.: As a wife, her right is lost only through a divorce. If the husband is deceased, then she is entitled to lay claim to the property. A written agreement pertaining to divorce or separation is invalid and not binding. Only through an appropriate court of law both should obtain divorce. If they apply for divorce by mutual consent they will get divorce easily.
Q.: We are three brothers. My father partitioned the property into four shares, three for us and one for him. Later on, my father gave his share of the property to my elder brother by settlement. Is this valid? Do we have a right to our father’s share?
A.: Your father is free to give his share of the property to any one he prefers. You have no claim whatsoever to the property.
Q.: I have got some property through my mother. I have three children two sons and a daughter. My sons are well settled. I intend to give the property to my daughter by settlement or by Will. Is this a valid one?
A.: The property you have got from your mother is more or less like a property acquired by you. You can give it to your daughter or to anyone you choose.