Will Validation_If Not partitioned the properties as per WILL

Querist : Anonymous (Querist) 04 October 2010 This query is : Resolved
A. Earned 120 Acres Land of his self properties and he is wrote a WILL for partition the properties 4 equal parts to his 4 sons.

But the first son B. partitioned only 100 Acres to his brothers after father death, and he is hide the 20 Acres land.

I am Daughter of B. and now we are filling Suit for partition as Hindu Succession Act -2005.

Our Query is when the property is not partitioned as per WILL and he is getting more properties from his father, So which way we will consider the properties.

Self equired or Ancestral.

which way we will proceed.

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R.Ramachandran (Expert) 04 October 2010
Dear Anonymous,
The will ought to have been probated first from which it would have been clear about the way in which the property was to be apportioned. In case there is no requirement for probation of will, at least the persons in whose favour the property is to be apportioned would have come to know about the extent of the property. Thus, if instead of the 120 acres only 100 acres have been apportioned, then the other beneficiaries can definitely take up the matter in the court.
The question of partitioning the property as per Hindu Succession Act does not at all arise in this case, since it is a testemantary succession governed by the contents in the Will.

adv. rajeev ( rajoo ) (Expert) 04 October 2010
You have to claim your share in the share of your father how much he has got thru., will

Khaleel Ahmed Mohammed (Expert) 04 October 2010
You have not mentioned in the query about your self how much you have to get as per will. If your father has not mentioned your name in the will , you have no rights to claim .

Rajeev kulshreshtha (Expert) 04 October 2010
you can claim your share according to WILL.

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