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Madhan   30 April 2020

Will on unpartitioned property

Can a person can write a WILL on his share of unpartitioned property


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 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 April 2020

1. YES.  It is possible. The beneficiary/s of WILL, will come on records /registers instead of deceased will maker, relating to unpartitoned share of the property, for all futuristic legal purposes /disputes /claims /whatever....

Keep Smiling .... Hemant Agarwal
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kavksatyanarayana (subregistrar/supdt.(retired))     30 April 2020

Yes. Certainly.

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     30 April 2020

Yes, It could be done. The beneficiary of the WILL will be listed instead of the deceased, in connection with the unparticipated share of the land, and will be notified for all possible legal purposes / disputes / claims / whatever.

Regards 

Archit Uniyal   30 April 2020

Hi,

Section 30 of the Hindu Succession Act talks about the disposal of undivided interest by will through Testamentary succession. It says that any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him or by her, in accordance with the provisions of the Indian Succession Act or any other law for the time being in force and applicable to Hindus.

Section 30 of the HSA says that an undivided coparcener may make a testamentary disposition of his undivided interest in favour of ‘anyone’.

If the coparcener bequeaths his share to a stranger, she/he will step into the shoes of the coparcener and may ask for partition and specification of the share as it stood at the time of the death of the coparcener.

It is not necessary for the coparcener to inform the Karta or other members before making such a will.

 

I hope this solves you.

Regards,
Archit.


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