partition suit
siva
(Querist) 29 June 2017
This query is : Resolved
A lady died in year 1985 in estate.the property is self acquired by her.she had 2 sons and two daughters.she writes a will on the wife of elder sons .till now the property is the possession of family of elder son wife ,daughter and her children. In the year 2015 ,daughters of second son challenging the will,and gift deed registration?
Will was executed in 1982 in favour elder sons wife
Gift deed was registered on 2001 .(registered on elder sons daughter)
Kumar Doab
(Expert) 29 June 2017
Redraft he query so as to convey the clear message.
Who was actual owner?
Which personal law applies e.g; Hindu?
If the query has been discussed earlier,pls post in same thread.
"A lady died in year 1985 in estate.the property is self acquired by her.she had 2 sons and two
daughters.she writes a will on the wife of elder sons .till now the property is the possession of family
of elder son wife ,daughter and her children. In the year 2015 ,daughters of second son challenging
the will,and gift deed registration?
Will was executed in 1982 in favour elder sons wife
Gift deed was registered on 2001 .(registered on elder sons daughter)
"
Sankaranarayanan
(Expert) 29 June 2017
what is your role and where the property is situated?
Dr J C Vashista
(Expert) 30 June 2017
Vague query lacking relevant information.
Rajendra K Goyal
(Expert) 30 June 2017
It seems the wife of elder son has gifted the property to her daughter in 2001.
She was owner of the property on the basis of will and had right to gift / sell / mortgage the property till the will is decided bogus / non implementable by the court.
Kumar Doab
(Expert) 30 June 2017
Apparently the WILL was signed by owner/testator in or before 1985 ( year of death).
If the WILL has been duly acted upon without any cloud upon it, per procedure of authority under whose jurisdiction property falls then what is left in it now.
However if court has been approached then court shall decide on merits.
