NVS Sankaram 12 May 2023
T. Kalaiselvan, Advocate (Advocate) 13 May 2023
B has got right to transfer the properties lying on her name or the undivided share of property to which she has a right, by a testamentary disposition, i.e., by a Will, in favor of anyone of her choice and she can appoint anyone as the executor for the Will..
Therefore if the Will has covered the proprties to which she has got no rights, they will be excluded and the execution of the Will shall be confined or restricted to the share of the testator alone.
Thus the Will is valid to that extent alone.
Since all others have rights in the property for a rightful share in it, the other legal heirs or successors in interest can file a suit for partition and get the propery divided through court of law and acquire their legitimate share with separate possession.