Case is pending
prakash
(Querist) 04 February 2014
This query is : Resolved
partition suite is pending,of the 3 brothers ,6acers of land is in elder brother name,he is aged near 81 yrs ,he wants to do will of 6 acers of land to all 3 brothers sons and daughters name equally,will it is possible or it will effect the case which is pending in the court,the 6 acres property is inherent ,our lawyer is ready to do the will,kindly advise from ur side.
M.Sheik Mohammed Ali
(Expert) 04 February 2014
my advice that before pending suit, is not adviseble to make will. it will create propblem.
Prithvi Raj Sikka
(Expert) 04 February 2014
If your brother is absolute owner then he may execute will thereby referring the pend ency of suit and it depends on out come.
Prithvi Raj Sikka Advocate
lawjruis09@gmail.com
+919811054562
Raj Kumar Makkad
(Expert) 04 February 2014
There is no problem to make will of the share even if the partition suit is pending. Partition has nothing to do with the registration of the will of his share. The exact possession of the willed land shall have to go in favour of beneficiaries only after death of testator and all those shall replace the testator even if the suit remains pending till that time.
Rajendra K Goyal
(Expert) 05 February 2014
The will can be executed during pendancy of the case. Agree with the expert Raj Kumar Makkad ji.
prakash
(Querist) 16 September 2014
can the ancestral property can be done will,wil it have a power,if it is done equal share.
the partition suit is still pending in the court already it 2yrs 5 months,now the last brother of my father is saying the partition has done 30yrs back,my father says nothing has done,my father left the village in 1965 when he got the govt job,he left the land of 6 acers to his last brother to take care, since then my father never entered the land.
the first brother also left the village for some reasons 60yrs back,now the first brother says they have taken the share 35yrs back,no docs is their for that,kindly advise me,my father is under sever problem in health,under dialysis fron 1yrs. kindly do the needfull
Raj Kumar Makkad
(Expert) 16 September 2014
Ancestral property can be partitioned at any time and law of limitation do not come within.So far as will is concerned, your father can definitely execute his will in the disputed/suit property qua his share.
