Nature of property
anilkumar yadav
(Querist) 11 February 2015
This query is : Resolved
A got certain property from govt. by grant as a sole owner. A dies, property transferred to B,C,D, his legal heirs. On papers actual partition has not taken place. Till now B,C,D has no heirs. Later they begot children. Now D dies making a will in favor of his one son.
What will be the nature of property and will be the will valid?
Devajyoti Barman
(Expert) 12 February 2015
Yes, Will is very much valid.
D has got tangible share in the property and is not hit by rule ' spes successionis'.
Dr J C Vashista
(Expert) 12 February 2015
1. Regular professional and academic query, it is second query today itself.
2. As stated "B C & D has no LR. Later they begot children," what do you mean? It is a contradictory statement since LRs are counted only and only after death of a person.
3. Whatsoever, the Will is valid.
ajay sethi
(Expert) 12 February 2015
will is valid D can bequeath hi share of property to his son
Rajendra K Goyal
(Expert) 12 February 2015
Will is valid. D can bequeath his share.
P. Venu
(Expert) 12 February 2015
If actual partition has not taken place, how the property has been transferred to B, C & D?
T. Kalaiselvan, Advocate
(Expert) 15 February 2015
D being one of the legal heirs of deceased A, he can bequeath his share of property out the intestate property he inherited to his legal heir or anyone of his choice, there is no bar on it.
anilkumar yadav
(Querist) 16 February 2015
D has other heirs also but excluding others he has created a will in favor of only one son and the property has been transfered as cosharers.
R.K Nanda
(Expert) 20 April 2015
academic query.
