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Amor (Worker)     25 December 2010

Will execution on part left property

Can anyone please help.

I want to find out how a will execution/implemention would take place if the property stated in the will is party disposed off by the Testator before he/she dies, but the will hasn't been changed to reflect this.

Eg Grandmother(died 1999) had 11.5 acre and she made a registered will in 1980. She had 5 Daughter and she stated in the will to give 2 acre each to them and the remaing 1.5 acre extra to one of the daughter who looked after her. But she partly disposed the property(sold 10.5 acres) and had only 1 acre left when she died.

Now my question is how would the WIll take effect? 
Is there a process to follow as per the law?

I would be very very gratefull if someone answer this question as soon as possible.


 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 December 2010

Will come into operation only after the death of the testator.  In your case testator has sold the part of the property which has given in will before will comes in to operation.

You can claim the property by filing a suit for declaration and injunction against the purchare on the basis of the wll

JT Rajasuriya, Chennai (Advocate 98410 53790)     26 December 2010

The will would become infructuous as the descripttion of property will not match the available property.

Now the remaining property can be divided as per the relevant Succession Act.

Amor (Worker)     27 December 2010

Just to add when the testator sold part of the property she gave the proceed of(as agreed in the will) 2 acrs each to her 5 daughters . The daughter who had the extra share kept her 1 acre and was living in the property with the assumption that she will be getting her share as per the will after the mothers death.

But after the death of grandmother, 1 daughter is demanding a share in the property and file a case for the same in court.

In this case how should my mother proceed to claim her right on the 1 acre.

harpreet singh (private practice)     29 December 2010

The wil cannnot take effect as the major part of property stands sold already,,,however if u can prove that the sale proceeds were actually given to the other daughters then u stand a chance as it makes clear the intention of the deceased to distribute the property amongst her daughters

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