Will

Anup Kamalakar Hadgaonkar (Querist) 16 October 2010 This query is : Resolved
without partition of ancestral property, if will executed by any member of joint family, about his own share and died, then such Will will valid or not.
If not then plz narrate legal position of such Will
or If yes, then and then also narrate the legale position

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R.Ramachandran (Expert) 16 October 2010
Since you say it is ancestral property and a joint family property, I go by that fact and try to answer your query.
If it is a joint family property, every member has an interest in it, but no one has definite share in it. The joint family property would devolve by way of survivorship on the surviving coparcenars. Therefore each of the coparcenar though having interest in the property will not be in a position to say how much share they have. Their shares will fluctuate depending upon any new births in the family and any deaths. If there is any birth, their share will go down. On the contrary, if there is any death of a co-parcenar then their share will go up. Therefore, since none of the co-parcenar has any defined share, the question of giving his undefined portion by way of WILL cannot arise.
Only after partition, a co-parcenar's share will get defined.

Kirti Kar Tripathi (Expert) 17 October 2010
certainty the will is valid but it can be executed only after partition took place. However, the beneficiary has a right to enjoy the right in the property as the executor of will was enjoying before his death.

Devajyoti Barman (Expert) 17 October 2010
Yes the Will is very much valid and probate can be obtained but the beneficiary can not lay claim on his share as it is undivided and for this he will have to file a suit for partition.