Regarding will
abcdefg
(Querist) 09 March 2014
This query is : Resolved
There is a property of Hindu deceased male XYZ who died without making a will.After XYZ's death,suit for partition(of XYZ's property) between legal heirs is pending in court.Legal heirs are son,daughter and XYZ's wife.Probably,it will take nearly 5 to 6 years for court's final decision.But XYZ's wife is not going to survive for more than 6 months because of cancer.
Now,during pending time of suit, can XYZ's wife make a will for whatever share she will get in future by final decision of court.
OR Is it true that till the moment specific share of XYZ's wife is not decided by final decree of court,XYZ's wife can't make a will.
ajay sethi
(Expert) 09 March 2014
on XYZ death his wife has 1/3rd share in property . she can bequeath her share as she pleases
Devajyoti Barman
(Expert) 09 March 2014
She can execute Will in respect of her 1/3rd share. It is fixed but only the demarcation is left to be done.
In any case she can execute Will in respect of outcome of a pending suit.
