Civil Procedure Code (CPC)

Partition after will

Whether will is valid My father had two properties 1. By partition of his father's property between him and his brother. 2. He bought a property through his income. He has one son and three daughters He made a will of above said no.2 property to his youngest daughter in 2001, then by 2003 he made a partition between the family members where he allocated the properties under above said no.1 to the son and daughters,whereas he allocate himself the property under no.2. My question is whether the will still valid to his younger daughter or not ? She was a minor at that time . Can she claim for her Father's property in the will on attaining majority ?

yes absolutel ..she is entitle for the property no. 2

Thanks for your reply sir. But my advocate said since it thrown in the common hotchpotch it gets the characteristics of joint family property and after father's death it should be equally divided among the heirs.

No.  Your sister can claim her share after attaining the majority.  


Sir what happens if it was sold brother ,two sisters and mother as guardian for minor after the death of our father.
practicing advocate

She is the absolute owner of the property No:2 on the basis of the will.


Thank you for your reply sir. Sir will you please explain how the partition doesn't affect the will, it will help me to clear my doubts.

You have enlightened me with some significant information about the petition laws that are still popular in our country. Knowing this information aftre reading reviews about the petition laws is going to help me very much.




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum



Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x