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btechllb   03 May 2017

Will deed

Hello Team,

A person "X" wrote a will deed of this self-acquired property to my mother. which contains 3 schedule properties,

Issue is one person went to court that some portion in one of the property have no right to be sold by his father to  "X".

1:does it effect the will deed by "X" 

2: if it effects the will deed,  it has in whole to all the 3 properties.???



Learning

 5 Replies

Kumar Doab (FIN)     03 May 2017

If claim on said portion (only) is valid then that portion might be out of purview of WILL.

1 Like

Kumar Doab (FIN)     03 May 2017

The claimant must have submitted docs pertaining to his claim in his court.

He has to establish his claim.

Laxmi Kant Joshi (Advocate )     04 May 2017

Check all The documents related to that property and if the claim is valid made by the claimant then you have to leave that portion .

btechllb   05 May 2017

Hello Team,

So, WIll deed will in Force only, but that some portion of that one property in the WILL be in the legaal claim, right??

How about the remaining portion of the claimed property, can we claim it without judgment.

Kumar Doab (FIN)     05 May 2017

If there is NO stay or injunction by court then it might be possible.

Your own local counsel that has examined whole case fiule can advise you the best.

 


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