Can any one write a will to transfer immovable property, not owned by her to the kin?

Real Estate
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1

My brother expired without writing a will. His house khata (at Mysore city Corporation) is transferred illegally by his estranged wife (my sister-in-law). My mother is alive. All original document are with us.
Now my sister-in-law is expired. We are in the process of getting the khata transfer to my mother as my brother expired without having any children. We have come to know that my sister-in-law has written a will to transfer the house to her sister’s daughter. Is this legally correct? What I have to do?

2

Dear @sridhara48

To provide you the best guidance in this case, I need some additional details:

  • Did your brother and his wife legally separate, or were they still legally married at the time of his passing?
  • When did your brother pass away, and when did your sister-in-law pass away?
  • Do you have a legal heirship certificate stating that your mother is the legal heir?
  • When was the illegal khata transfer done, and do you have any proof that it was done fraudulently?
  • Are there any pending legal disputes regarding the property?
  • Did your sister-in-law have any legal right to make a will for the property, or was she merely in possession due to the illegal khata transfer?
3

Dear Sir,
My brother passed away during 2018. My Sister-in-law (SIL) was not staying with him for more than 30 years. No children borned during their wedlock. Divorce was not permitted by Hon. High court of Karnataka…
My mother was looking after my brother till his death.
My brother has got a self acquired housing property at Mysore. For that property there was no contribution in any form, from my SIL.
We wanted settle the problem out of the court of law. We gave all photocopies along with ‘vamsha-vruksha’ to a lawyer to help us in getting a joint khata in the name of my mother and SIL. In the ‘vamsha-vruksha’ document my mother’s name was included.
The joint khata was never got done by lawyer. We too did not ask the progress as their was too much tragedies in our family.
Later in Jan 2025, it is learnt from a ‘buyer’ that the khata is transfered to my SIL’s name only. That means the ‘vamsha-vruksha’ is altered by SIL and got the khata transferred to her name.
Mere possession of khata does not make a person as the owner of the property.
As this is an illegal transfer, I tried to get the certified copies of the documents submitted by my SIL to get the khata transferred her name through RTI. But till now I have not got the documents.
And I learnt that my SIL expired on Feb 14, 2025.
We tried to get the khata to be transferred to my mother’s name as she is the only tier - 1 legal heir, as per hindu succession act, 1956.
Then l learnt that my SIL has written a will to transfer the property to her sister’s daughter.
When my SIL is not the owner of the property, it is illegal to transfer the property through a will to others.
How to go further about this?

4

Dear @sridhara48

Succession Law & Right to Will
If a Hindu man dies without a will (intestate), both his widow and his mother are Class I heirs under the Hindu Succession Act, each usually inheriting 50% if there are no children. The widow cannot unilaterally claim or bequeath more than her own share. Any will she makes leaving the entire property to someone else is valid only as to her share. The mother can still assert her legal right to her portion.

Khata Transfer in Mysore
A khata is merely a municipal record for tax purposes—not proof of ownership. After the husband’s death, all heirs (widow and mother) should have applied jointly. If the widow got the khata transferred to herself alone by falsely claiming to be the sole heir, that transfer is illegal and can be challenged. The mother can:

  1. Request certified copies of the widow’s application/documents for khata transfer from MCC (Mysore City Corporation).
  2. File a written complaint with MCC, attaching proof (death certificate, legal heir certificate), asking to cancel the widow’s khata and restore the mother’s rightful status.
  3. If MCC refuses to act, file a civil suit to invalidate the khata entry and declare the mother’s rights.

Legal Heir Certificate
The mother needs a legal heir certificate (from the Tahsildar) proving she is her son’s heir. This helps when dealing with MCC or filing a civil case.

Challenging the Widow’s Will
Because the widow did not own the entire property, her will, leaving it all to her niece, can be contested. The mother can file a suit for:

  1. Partition/Declaration that she is entitled to her rightful share.
  2. Injunction to prevent any sale or transfer.
  3. Invalidation of Will if it’s fraudulent or exceeds the widow’s share.

If a probate case arises, the mother must appear and formally object, forcing the niece (beneficiary) to prove the will’s validity.

Practical Steps

  1. Gather Documents (sale deed, death certificates, will copy, khata records).
  2. Obtain Heir Certificate from the Tahsildar.
  3. Complain to MCC with evidence of the mother’s heirship.
  4. File Suit if MCC won’t fix the khata; include requests to cancel the illegal mutation, invalidate the will as it affects the mother’s share, and prevent further transfers.
  5. Possession & Registration: Once the mother obtains a favorable court decree, update the property records and khata in her name.

Key Precedents

  • Omprakash v. Radhacharan (SC): Widow is a Class I heir but shares equally with mother.
  • Hindu Succession Act, 1956 (Sections 8, 10, 15) clarifies inheritance rights.
  • H. Venkatachala Iyengar vs. B.N. Thimmajamma (SC 1959): The will’s proponent must dispel all suspicious circumstances.

Conclusion
The mother retains a legitimate claim to her son’s property. An illegal khata transfer and a will attempting to leave the entire property to the widow’s niece can both be challenged. With the proper legal steps, the mother can reclaim her rightful share and have the khata corrected.