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vp (NA)     04 September 2013

Will of a person misused by first beneficiery

Dear all,

Suppose a person makes a will for the immovable property earned by himself during his life. As per will, he gives the property to his wife with condition that his son will get the property after her death.

Now, after death of the person, suppose the widow (due to any reason) sales the property without knowledge of her son. Thus, she misuses the power during her ownership. When the son comes to know about this deal, it was too late. So, he opposes.

In this case, I have two questions.

1. Can the son get his legal rights even after the property is sold? If yes, how?

2. Can he get the deal cancelled legally? If yes, how?

KP



Learning

 1 Replies

Adv. Charmi Makwana (Advocate)     04 September 2013

Yes Second beneficiary file suit for declaration of sale transaction illegal and invalid.. And also for declaration of share as per Will and Ownership


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