Partition of property
Bhushan K. Vachharajanli
(Querist) 22 November 2013
This query is : Resolved
Res. Expert,
The case is,the owner of the property made a will to give rights to live in the property to his step wife till death , then property will go the his owner's son. But Owner's son has expired and step wife is alive. Son has made will in favour of his real sister as he was unmarried. is he is eligible for preparing will ?
Now, the daughters of owner's first wife has filed partition suit asking that as the son has expired before become property owner, the property is vested with all the heirs equally. Can they entitle ?
Now, what defense can be taken by step wife in the partition suit?
Clarification :- Owner is already expired before his son's death and secondly property was self earned by owner not hariditory.
arunprakaash.m.
(Expert) 23 November 2013
If the son died before the death of the testator son does not get property.
daughters of the first wife have right to contest the will validity of the will decided by the testamentary court
Thyagarajan
(Expert) 23 November 2013
The nature of property may play a part in this,hereditary or got from self earned money of the father. Confirm the same first.
