MANIKANDAN KAMARAJ 06 April 2020

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 ?

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advharminderdhankhar 06 April 2020

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

MANIKANDAN KAMARAJ 06 April 2020

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.

kavksatyanarayana (subregistrar/supdt.(retired)) 06 April 2020

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

MANIKANDAN KAMARAJ 08 April 2020

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

adv. rajeev ( rajoo ) (practicing advocate) 08 April 2020

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

MANIKANDAN KAMARAJ 08 April 2020

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.

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