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kumar (hhhlili)     09 July 2023

Partition based on will

Hi All,

I am writing this to seek your advise for my mother-in-law's property related. Hope you will help me here.

My Mother-in-law has a WILL in hand written by her Mother-In-law. Properties are attached to other members as well with a condition in that WILL. 

Let me give you some background. My Mother-in-law is wife of the eldest son of Late. Sarvarayudu and Tayaru. Both of them have 4 Children. First Son, First daughter, Second Son, Second daughter. Mr.Sarvarayudu was expired and all his assets were distributed among 5 Members. The asset divided into 5 Parts and got distributed. One share belongs to Tayaru. When she was alive she has written a WILL stating that her share will be distributed to First son's Wife(My Mother-in-law)(First son also expired before Tayaru's death), Second son's wife and second daughter. She excluded first daughter as she was given something else. Now Tayaru expired and not sure how to get that share. Questions is 1) Based on that WILL can we go for a partition deed so that my mother-in-law's get that 1/3rd of that property. 2) if answer is yes to the first question and if the other two participants are not coming forward then what we need to do. Please advise. Your help is much appreciated.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2023

1. Yes.

2. She can file a suit for partition before civil court seeking one third share in the property as per Will. 

Dr. J C Vashista (Advocate )     10 July 2023

Who is original titleholder (owner) of subject property i.e., your mother in-law or her mother in-law ?

Who has attached the properties ???

Re-draft and post without getting confused for forming proper opinion and oblige. 

Real Soul.... (LEGAL)     10 July 2023

This query is thoroughly discussed rather than just replied previously ,; no need to pay any heed .

https://www.lawyersclubindia.com/profile.asp?member_id=308312

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 July 2023

Yes. She can go for partition suit. Partition Deed is an official document, created either by order of the court or through negotiation between the parties. Basically, it represents the portion of the property claimed by each of the party.


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