Validity of a will by a member of hindu undivided joint inherited immovable property
Kunal Sarkar
(Querist) 25 July 2014
This query is : Resolved
The brief fact of the problem is;
An undivided Hindu family consisting of 09 (nine) members, which include two sisters, inherited an immovable property measuring 01 Bigha (one bigha)(approx)in the State of Assam and after death of their both parents the aforesaid land was mutated in the name of all legal heirs.
One of the male unmarried legal heir of the aforesaid undivided family died before partitioned of their aforesaid inherited landed property.
That before his death he executed a Registered "WILL", which is his last testament. And in the aforesaid "WILL", he mentioned that, after his death his proportionate share of the aforesaid inherited landed property shall be equally entitled by his two sisters.
Now all of the legal heirs are decided to partition their aforesaid inherited property equally.
Now my question is that,
a) Whether the aforesaid "WILL" can be legally enforceable in the eye of law and the executor of such "WILL" can obtain probate ?
b) Whether the aforesaid two sisters of the deceased can be equally entitled deceased share as per the WILL & last testament of the deceased of their inherited landed property ?
C) If so, under what provision of law ?
d) Whether two sisters of the deceased entitled any benefits from the aforesaid WILL & last testament of the deceased ?
e) if possible, please suggest me any citations in this regard.
Thanking You.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 25 July 2014
a) yes
b) in addition to their own share deceased equal share
c) Indian succsession act n transfer of property act.
d)) yes
e) this forum don't provide case laws
Hope u will appreciate n if still not call me on email jeevansci@yahoo.com registered if wish
ajay sethi
(Expert) 26 July 2014
yes executor can apply for probate .the 2 sisters would be entitled to deceased brother share as per will . read the provisions of indian succession act . we dont provide citations
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
Yes is the answer for all your questions except for c, it is HSA and for e, sorry no citations are provided here.
Raj Kumar Makkad
(Expert) 28 July 2014
I have no reason to differ with the already given advice.
Guest
(Expert) 28 July 2014
Well advised.
