Property left out in "will".

Querist : Anonymous (Querist) 25 July 2024 This query is : Resolved
Dear Experts, kindly answer my query.
My friends father had 3 self acquried properties in his name. 2 Houses and one plot of size 100 x 60 in which he constrected 6 shops in 100 x 20 in front area and left 100 x 40 backside as empty land.
In his "will" he allotted 1 house to his son, 1 house to his daughter and allotted 6 shops to his wife, with condition that she can only enjoy the income (rent) from 6 shops and after her lifetime 3 shops shall be taken by his son and 3 shops shall be taken by her daughter.
In his "will" he does not mention anything about the empty land at back side of the shops (100 x 40).
1. How this portion of property (100 x 40) devolve?.
2. Does his wife get any share in that "left out" (100 x 40) plot if so it will her absolute property or it will be her life time property?

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kavksatyanarayana (Expert) 25 July 2024
If your friend's father is alive, he can execute a codicil regarding the vacant land at the back side of the shops and he can give it to anyone he likes/thinks.

T. Kalaiselvan, Advocate (Expert) 25 July 2024
Presuming that the testator has died and the Will has come into force, if the remaining property do not find a place in the Will then this property can be considered as intestate thereby it will devolve equally on all his legal heirs/successors in interest.
His wife is entitled to a share in that property as a right her rights in that is absolute, hence there is no question of life interest in that property

P. Venu (Expert) 26 July 2024
Is the testator alive? If not, the query is premature.

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