SACHIN AGARWAL (ADVOCATE) 10 December 2013
Whether a 'Will' can be executed by any person in favour of a Partnership Firm, in which the executant is not the partner, and that too after having received the entire sale consideration against the property ? It has been specifically mentioned in the Will that entire sale consideration has been received but execution of sale deed is not possible due to some legal problem as such the "Will" is being executed. Please clarify.
T. Kalaiselvan, Advocate (Advocate) 10 December 2013
If a sale deed cannot be executed how can the person transfer the same through a Will?, if he has no rights or interest in the property, his Will will not be legally valid and stands void. Further more, the Will would come into force only upon the death of the testator, so what about the present situation that he received the entire sale consideration amount, what is the guarantee that he will not revoke or cancel the Will without the knowledge of the purchasers, Do not run a risk.
Sudhir Kumar, Advocate (Advocate) 10 December 2013
academic query
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
