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Srinivas (Partner)     10 July 2017

Female property

1980 > Family Settlement Arrangement between Family members children 8. 7 Daughters & 1 Son. Father gave 1 Acre to each daughter & 7 Acres to only son out of 14 Acres.

Son decieved all his sisters and sold to X Y Z entire property.  So daughters put case in court which is pending. 

Question: One daughter aged 83 years now wants to write Will for her share of 1 Acre between her children. Is it possible?

 

 

 



Learning

 6 Replies

Kumar Doab (FIN)     10 July 2017

She may.

Prefer to register the WILL.

Otherwise succession sets in.

Arjun Kohli   10 July 2017

The Daughters are entitled to their share provided the documents granting them such share were registered. However, as the property was involved in a legal dispute and the same hasn't been settled yet, I would suggest you, to be legally sure, to move an application before the concerned Court to obtain permission for making such will.

Kumar Doab (FIN)     10 July 2017

Succession opens on date of death.

There are many threads initiated  by you.

It shall be good if you may post full facts in one thread.

 

Adv.Lalit Prakash Vaidya   11 July 2017

what is the nature of suit?if all daughters filed suit for seperate partition and possession then she can registered the will.after the death of Daughter legal Heirs add there names in the suit with amended plaint. and 'll childrens gets the right and they entitled for their deceased mothers share.

Srinivas (Partner)     11 July 2017

"what is the nature of suit?if all daughters filed suit for seperate partition and possession then she can registered the will.after the death of Daughter legal Heirs add there names in the suit with amended plaint. and 'll childrens gets the right and they entitled for their deceased mothers share."

Suit for partition and posession. All children will get SHARE according to the WILL ? If the Daughter is no more when case is settled.

Kumar Doab (FIN)     14 July 2017

The court shall examine the facts and merits and decide.

If decision in favor of daughter(s) and if one daughter has deceased then as already posted above: Succession sets in.

Legal heirs of deceased daughter can stake their claim.


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