Will of partitioned property...
Querist :
Anonymous
(Querist) 23 January 2012
This query is : Resolved
One house was made by my grandfather. my father and my uncle each got 1/2 share in that house. Pattas [documents of property] were made separately for each portion of house. There were some other joint properties with my father and uncle. my uncle dead, then my father and widow of my uncle entered into an agreement for all joint properties. With effect of that my father became owner of entire house. My father executed a will in favor of me but my brothers filed a suit for partition claiming their share in disputed house. Their pleading is that house in questioned was built by our grandfather, my father can not execute will for that.
Experts are requested to tell whether one can transfer his share in partitioned property by way of will.
Please tell the relevant citations.
Raj Kumar Makkad
(Expert) 23 January 2012
In the given facts, the house was self acquired in the hands of your father who within his legal rights made a will in your favour so your brothers have no right merely on the ground that the house was constructed by their grand father.
The test of ancestral property is not fulfilled in the given case so your brothers have no case in their favour if they otherwise deem the existence of will executed in proper way by your father.
Shonee Kapoor
(Expert) 23 January 2012
Yes he can.
I agree in toto with Ld. Mr. Makkad.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 23 January 2012
Being the self acquired property of your father, your father can execute the will on your favour.
Devajyoti Barman
(Expert) 23 January 2012
Yes , he can deal with this property in any manner he likes.
V R SHROFF
(Expert) 24 January 2012
can deal with as per his wish, as it is no more ancestral property.
Querist :
Anonymous
(Querist) 24 January 2012
Thanks to expert...
One more thing I forgot to write that when partition between my father and my uncle took place [in year 1942] two of my brothers were born.
can anyone tell me citation of supreme court or any high court in this regard???
Anirudh
(Expert) 24 January 2012
Dear Anonymous,
You have bowled a GOOGLY!
Unfortunately, I think the answers given by the Experts have gone for a SIXER - for their answer might have been different, if only they had the information provided by you at the fag end!!
prabhakar singh
(Expert) 24 January 2012
To this part of your query"Experts are requested to tell whether one can transfer his share in partitioned property by way of will."MY ANSWER WOULD STILL BE YES.EVEN IF IT IS HELD COPARCENARY YOUR FATHER CAN WILL HIS SHARE IN COPARCENARY.
