cpc

Will

This query is : Resolved 
 

(Querist)
20 April 2012

a father bequathed his self earned property to his son through a registered WILL. after his demise, whether his daughters can claim partition of the said property...?


Raj Kumar MakkadOnline (Expert)
20 April 2012

No. she cannot do so.

R.K NandaOnline (Expert)
20 April 2012

No, they cannot claim partition of property.

Devajyoti BarmanOnline (Expert)
20 April 2012

Yes they can claim but if the execution of Will is validly established then they would loose their claim.

Advocate M.BhadraOnline (Expert)
20 April 2012

She can not claim if the Probate case is filed or Will is granted by the Court,but she can calim partition if the probate was not filed at all.

Devajyoti BarmanOnline (Expert)
20 April 2012

Moreover both Probate proceeding and partition suit can go simultaneously.
Section 10 CPC does not come in the way in that circusmtance.

Shonee KapoorOnline (Expert)
20 April 2012

No.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

SAINATH DEVALLA (Expert)
21 April 2012

Dear Nowshad,

The daughters cannot stake a claim,as it is self acquired property of the father,and he registered the will in the name of his son.As said by Barman,section 10 cpc,does not come in the way.

Are they Muslims or Hindus.As there is a difference in bequeathing property to successors as per muslim personal law and the will also.But that is also governed by a part of the Indian Succession Act.

If you can confirm the religion it would be better.

K.K.GangulyOnline (Expert)
21 April 2012

They can very well stake claim on the property and ask for partition duly challenging the validity of the Will on any ground whatsoever. Once the validity of the Will is established & it is probated, their claim will not be entertained by the Court.

If the validity of the Will, thus challenged by the sisters, is not established then they can get the property partitioned in their names alongwith the brother with Court's order.

V.Mahadevan (Expert)
21 April 2012

Unless suspicious circumstances for the exclusion of the daughters are alleged. The burden to prove rests on the person so alleging.
mahadevan

Suhail A.Siddiqui (Expert)
21 April 2012

Will can be challenged in the court of law.



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