Validity of will
arunkumark
(Querist) 13 August 2014
This query is : Resolved
An old lady made a will in 2003 for the property which does not belong to her.In 2005 that property is made on her name through succession certificate from the court.The lady expired after that without making another will for that property.My querry is whether the will made in 2003 stands valid now after her death as in 2003 that property was not on her name.
R.K Nanda
(Expert) 13 August 2014
not valid at all.
arunkumark
(Querist) 13 August 2014
thank u so much Sir.My querry is correct that u can not make a will for the property which does not belong to u at the time of will.The old lady should have made another will after the succession certificate.
R.K Nanda
(Expert) 13 August 2014
yes, ur correct.
Rajendra K Goyal
(Expert) 13 August 2014
One can make a will for a property which he / she want to acquire in future / come in possession in future or can be acquired through some legal path.
Laxmi Kant Joshi
(Expert) 13 August 2014
At that time When she had made her will she was not the owner of that property hence she was not entitle to make her will for that property, when she got her share by the court as per succession then she can make her will for her share but she passed away , her previous will is not valid for her new share .
Laxmi Kant Joshi
(Expert) 13 August 2014
At that time When she had made her will she was not the owner of that property hence she was not entitle to make her will for that property, when she got her share by the court as per succession then she can make her will for her share but she passed away , her previous will is not valid for her new share .
Kumar Doab
(Expert) 13 August 2014
Consider advice of Mr.Goyal.
