FDP Decree and will of some portion to other person FDP Decree and will of some portion to other person

2 years ago

We had our ancestral property and that case is in FDP stage, during order it was ordered to 1/6 th share including parents and 5 sons. Now parent expired and they made will of there share to one son. Can he execute that will. If so is it valid or not. Basically he is the taken care for them. Can we ask court to make only 1/5th share instead of 1/6th share is it allowed or not. Please guide us.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
If father not executed any Will in respect of his undivided share then there will be only five shares after his death.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
Yes, as they have made a will, it will be legally executed and it is valid. Secondly, you can not ask the court to reduce the share as the order was already passed as 1/6 and the parent considered it to make a will.
Thank you.
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