Will
Querist :
Anonymous
(Querist) 20 April 2011
This query is : Resolved
Matter according to WILL?
I had a plot and entered in agreement with X and Y. 50% share in the plot shall be
Acquired by X and Y. After the due compliance of agreement entered with them. In
case, the agreement is not complied or completed by them, In that case the said 50%
share in the plot shall be acquired by my son only. Out of the remaining 50%, 35%
shall be acquired by my son and remaining 15% shall be acquired by A, B, C equally
i.e.5% each. The said plot is going to be rented out and my son shall contribute to the
extent of 5% share of the rental income of this plot to my daughter till her death. In
case my son sell his share in that case he shall be liable to pay 5% share of the total
value of the plot out of the sale consideration to my daughter
But during my father’s life time X and Y sold there share to Z.
Is the WILL valid as the condition mentioned is not fulfilled?
R.Ramachandran
(Expert) 20 April 2011
Though you call it a WILL, it is not at all a WILL. "Will", will take effect only after the death of the Testator. Many of the conditions stipulated by you appear to be happening when you are alive.
