Will for property not owned by him.

Querist : Anonymous (Querist) 10 October 2011 This query is : Resolved
My uncle and Aunt were always issue less. My aunt owned a property which was in litigation with Govt. auhotrites regarding the Title of the Property. My aunt died leaving my uncle as the only legal heir , My uncle has made a Will regarding the Rights of this property mentioning that though this property is in litigation but i give the rights of the said property to so and so . Is this legal.

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Arun Kumar Bhagat (Expert) 10 October 2011
Yes, it is legal.

Sailesh Kumar Shah (Expert) 10 October 2011
I have similar view as shri arun kumar bhagat.

Sanjeev (Expert) 10 October 2011
This Will would mean whenever the litigation ends and if any share arises to your Uncle from such property than that share would go to the person who has been named in such Will.

In case the litigation results in no share being decided in favour of your Aunt then there would be no rights arising to the person who has been made beneficiary from such Will.

Advocate M.Bhadra (Expert) 10 October 2011
If your aunt was rightful owner and the said property left in her own name then your uncle is legal heir,accordingly he can make WILL even the property is under litigation.

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