Possiblity of a will on undevided property, by one of the heir who has no chidren?

Querist : Anonymous (Querist) 07 October 2010 This query is : Resolved
sir/Madam
Christian,Anglo-Indian lady about 68 yrs having no children -Father-in-law's property. Father-in-law had four sons including husband- Both Father-in-law and husband died. The property is not divided. One of the heirs (son)is refusing to arrange for a partition. Can this lady execute a will for her share?

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s.subramanian (Expert) 07 October 2010
Yes. Certainly.There is no bar for doing so.

Devajyoti Barman (Expert) 07 October 2010
Yes. There is no bar for a testamentary succession in case of an undivided property.

Madan Gopal Dasaur (Expert) 07 October 2010
Yes

M.Sheik Mohammed Ali (Expert) 08 October 2010
yes

Chanchal Nag Chowdhury (Expert) 08 October 2010
The property devolved at the time of death of the Father-in-law. So the lady can certainly execute a Will for her share in the undivided property.

Khaleel Ahmed (Expert) 13 October 2010

Partitioned suit may be filed first. The court will allot the shares among the heirs,later the lady can execute a will for her share.

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