Property share
venkatesh
(Querist) 24 January 2015
This query is : Resolved
dear sir/madam,
my wife filed a case in the dist court for partion in her father's self acquired property,and case is going on,in between this her father has writened a will total property in favour of his two sons, both are married. he presented the will in the court .he is alive, so my qustion is the will legaly valid because it it writtend even though case is going on in the court.
please kindly reply.
thank you.
Advocate M.Bhadra
(Expert) 24 January 2015
If the WILL proved it is genuine then it may effect in partition suit.The apex court held that in the case:
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3233 OF 2009
[Arising out of SLP)No. 1263 OF 2007]
Maddineni Koteswara Rao ..Appellant
VERSUS
Maddineni Bhaskara Rao & Anr. ..Respondents
"A suit for partition stands disposed of only with the passing of the final decree. In a partition suit, the court has the jurisdiction to amend the shares suitably, even if the preliminary decree has been passed, if some member of the family to whom an allotment was made in the preliminary decree dies thereafter. The share of the deceased would devolve upon other parties to a suit or even a third party, depending upon the nature of the succession or transfer, as the case may be. The validity of such succession, whether testate or intestate, or transfer, can certainly be considered at the stage of final decree proceedings."
However validity of WILL should be granted by a separate probate case in a competent court of laws.So you should file an objection against the said WILL in the Partition Suit
Dr J C Vashista
(Expert) 25 January 2015
@Venktesh,
You did not mention whether your father-in-law is alive or not?
If alive, the document of will has no relevance.
If died, the will shall be operative which require probation through the civil court of jurisdiction.
Dear Ld. Expert Mr. M.Bhadra,
I think the citation mentioned hereinabove may not be of use to the wife of author of the query, who is required to challenge the Will executed by the deceased and bequeathed the self-acquired property of her father in favour of her brothers.
Regards.
Rajendra K Goyal
(Expert) 25 January 2015
Daughter has no claim on self acquired property of father till father is alive. If father expires intestate, she has equal right with other legal heirs.
ajay sethi
(Expert) 25 January 2015
will takes effect on death of testator . since your father in law is alive will has no value . your wife has no share in self acquired property of her father during his life time
venkatesh
(Querist) 26 January 2015
thankyou all very much taking out your precious time for answering my question.
thakyou once again,
regards.
ajay sethi
(Expert) 26 January 2015
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 27 January 2015
Your father in law has done a mistake of submitting the Will before the court because the Will has no significance or will be considered valid during the life time of the testator. He can very well challenge the case mentioning that the property is his self acquired property and she cannot claim a share legally during his life time. This is the position of law.
malipeddi jaggarao
(Expert) 02 February 2015
Agreed with the perfect advice of expert Shri Kalaiselvan.
