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anshu agarwal (ca final student)     17 September 2011

Property in disput

Mr. A had a property in his name. He distributed this property in 4 parts for his three sons Mr. B, Mr.C and Mr. D and his wife Mrs. A by way of will.

Mr. A further provided in his will towards distribution of part of property given to his wife in case she dies before him or without leaving any will.  He provided that that part of property shall be transferred to his daughters Mrs. E and Mrs. F after death of his wife. and provided that the said part of property cannot be transferred by Mrs. E and Mrs. F to any other person except to any of his heir.

After death of Mr. A, Mrs. A wrote a will for her part of property in favor of one of his son Mr.D and her two daughters Mrs. E and Mrs. F. and did not provided any clause like non transferring of the property to another person.

 

After death of Mrs. A, her both daughters sold the property in their part to third party. 

 

About 20 years after sale of the property to third party, Son of Mr. D claims that the trasfer of the property to third party was illegal on the base of will written by Mr. A.

 

What shall be consequences of this case? 

Please reply



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 September 2011

Will executed by A is conditional will.  On the basis of this contention it is to be fought.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     17 September 2011

Will executed by A is conditional will.  On the basis of this contention it is to be fought.

anshu agarwal (ca final student)     17 September 2011

plese take into consideration that Mr. A put a condition in his will for the situation of non-executing a will by Mrs. A.

But Mrs. A executed her own will in which no condition was put.


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