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kaya (manager)     22 July 2013

Civil law will

OPINION REQUIRED  for  JOINT WILL DATED 02/06/2008 - A) MR .THIYAGARAJAN AND  B) MRS ANADA SEKAR WIFE- BOTHE JOINTLY EXCUTED THE WILL IN FAVOUR OF THEIR ADOPTIVE CHILD MR DINESH PRABHU ON 02/06/2008 PARTY C. THE SAME WILL CLAUSE MENTIONED IF A AND B CANCELL THE SAME AT ANY TIME.

 

TWO)

 

ABOVE WILL AFTER EXCUTION  A DIED ON 20/12/2010 ,PARTY B HIS WIFE CANCELLED THE JOINT WILL

ON 09/06/2011 AND SOLD THE PROPERTY TO THIRD PARTY BY SALE DEED ON 10/06/2011.

 

PONT NO 3

PLEASE CLARIFY WHETHER THIS SALE DEED IS LEGALY VALID

AGAINST THE JOINT WILL MR DINESH ADOPTIVE CHILD PARTY  C CAN CLIM THE PROBERTY..

 

AGAINST THE WILL.

 


Learning

 1 Replies

HIRAL THAKKAR (ADVOCATE )     22 July 2013

The sale is valid as the same is during the life time of B. When A dies being the husband his wife shall be entitled to his estate and property and for the matter of joint will since A has died apart from other clauses which you haven't mentioned, B is the sole authority of the estate of A as well as of her own and therefore the sale is valid.

 

Regards


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