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sreedhar (advocate)     20 December 2008

Any possibility to write a WILL for the property involved in the partition suit

Dear all,

Grandmother is willing to give her share of the property to her Granddaughter which is mentioned in a partition suit since she is also one of the defendant in the said partition suit. Now she is sick. Is it valid to execute a WILL for the suit property with respect to her share she receives later? Otherwise please suggest me what to do in this matter. Grandma is willing to give her share from the partition suit to her Grand daughter.Still the suit is pending. Expecting your valuable reply.

 

Sreedhar.R



Learning

 6 Replies

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     20 December 2008

Yes she can very well write a WILL l in respect of her undivided share in the properties. The said WILL is valid.

D.V.RamaKrishna (Advocate)     20 December 2008

Sreedhar,


You have not mentioned as to who has filed partition suit against whom.


Whether the grandmother is the plaintiff or defendant in the partition suit.


Whether the granddaughter is a party to the suit or not


whatever it be, a person can dispose of his/her share of property acquired during partition as per his/her wish/will. But since the partition suit is still pending she can convey her share right now by whatever means it may. However the grandmother as a party to the partition suit can file an application before the court informing the court her wish to convey her share to her granddaughter.


Only after the partition suit is disposed off allotting shares to each of the party, the grandmother will get a right over her share upon which she can dispose off the same as she wants.

prof s c pratihar (medical practitioner &legal studies)     20 December 2008

the will if made will take effect only after the partition suit is decreed.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     21 December 2008

Yes she can very well write a WILL l in respect of her undivided share in the properties. The said WILL is valid.Further the WILL would be effective after the suit decreed/decided.


For more querries u can contact me at:rakhibudhiraja@gmail.com


Mb.-09871158578/09711364956


 

Ajay kumar singh (Advocate)     21 December 2008

In my opinion no will can be made without the permission of the court before which the partition suit is pending. Plesse see section 52 of the Transfer of Property Act.

Anil Agrawal (Retired)     23 December 2008

 May I venture to say a few words. You will be very old before the Will is probated. You will end up coughing huge amounts by way of court fee and lawyers fee. All probates are granted by the High Court in Maharashtra and you can imagine what will happen.


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