content of will
Querist :
Anonymous
(Querist) 22 April 2010
This query is : Resolved
dear,
learned members ,i have a question for you, my mother has filed a case against her brothers for share in agricultural land which was purchased by her mother, now the case has been in the court for many years, and my mother wants to write a will in which besides divideing property among her 2 son and 1 daughter includeing myself, now, she wants to give away the share in the property for which she had claim against her brothers, to the son of one of her brothers ,who is very close to her,is it possible that the property which she anticipates that will come to her,( she , wants to give her nephew the said property if the property comes to her even if she is not alive) she is severely ill, and has no hope that she will recover , do shed some light on this matter!
R.R. KRISHNAA
(Expert) 22 April 2010
Pending litigation a transfer of property or transfer of interest in property cannot be made and if made it shall be totally subject to the outcome of the dispute.
Raj Kumar Makkad
(Expert) 22 April 2010
Will can contain such clause that she owns a share in the property purchased by her mother and a litigation is going in such and auch court qua the division of that property between her and her brothers namely so and so before the court of Sh. so and so and that and as and when the decision of that property/case is held and my share is decided, the decided share shall go in favour of Sh. so and so, who is my nephew.
There is nothing wrong to make a part of will of such anticipated property.
Gulshan Tanwar
(Expert) 28 April 2010
This is a case of "deemed property"- soon judgment is coming over the said case pending in Delhi High Court
