if will is not cancelled and the person is alive

arun anto paranilam (Querist) 19 May 2008 This query is : Resolved
in this case the person is alive.and entered in to will which is registered.and the son needs to inherit the property.there are four male son forthe father.?

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arun anto paranilam (Querist) 19 May 2008
i f iam correct iwould file a suit in the district court as succession op?is this correct?

H. S. Thukral (Expert) 19 May 2008
Will comes into effect only after the death of a person. As long as he is alive he has right to enjoy the property as he likes. How one can succeed to a property in the life time of the owner? there seems to be some vagueness in the query. Would you pl. elaborate it further for an appropriate reply?

Manish Singh (Expert) 20 May 2008
make the cancellation codicil of the will and get it registered too, so the will will cease to be in existence.

J K Agrawal (Expert) 21 May 2008
If property is ancestral in the hand of father, his status is as of Karta if and his sons can file a suit for partition of coparcenery property. Existence of Will is not an obstacle it is of no value save as share of father in coparcenery. If property is self acquired, the sons has no right what so ever and no any suit is maintainable against Father.

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