THE NELLAI 01 March 2022

Will effect

Dear Sir,
A Person (father) make a Will to His son .
That will contains
1. One Asst during the will period coming under partition suit
2. Rest in all other liability going to him son only

After the judgment favorable that person (Father) immediately gifted to him son (Point 1 Asset)

Question: Now the person (Father) Pass away that 2 Point assets are going to his son possible?

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Quick Summary

This discussion explores the legal implications of a father's will after he has passed away. The will initially stipulated that the son would inherit specific assets, with all other liabilities falling to him. However, the father later gifted the specified assets to the son before his death. The core question is whether the son can still inherit the 'Point 2 assets' as per the original will, given the subsequent gift and the fact that a will only takes effect after the testator's death.

3 Replies

Advocate Bhartesh goyal (advocate) 01 March 2022

Will comes into effect after the death of testator .Your father ( Testator ) has now passed away so as per your father's will 2nd point assets rights devolve to you.