what right my elder mother have to write will of her share in undivided property
6 months ago
My grandfather died in the year 1985 leaving his 5 sons(A,B,C,D,E) and 3 daughters(X,Y,Z). Out of which 3 sons(A,B,C) and 3 daughters(X,Y,Z) were married at that time. Later 2 sons(D,E) died without marriage. Now 3 sons(A,B,C) and 3 daughters(X,Y,Z) are left as successors. When second son(B) raised voice for partition of property the first and the third sons(A and B) supressed him with the help of the other 3 sisters(X,Y,Z).The second son(B) approached the Honourable court for justice. The case went on for years and between the first son(A without any legal heirs) and the third son(C having 1 son(P) and 3 daughters(Q,R,S)) passed away. Now the family members(P,Q,R,S) of the third son(C) took complete control over the wife(A son-wife) of the first son(A) and with malicious intension they want to grab the share of elder son(A).Now (A son-wife) has executed a will in favour of P,Q,R,S for her share and other properties while the partition suite is in pending. What is the validity/scope of the will getting executed after her death?
When the partition suit is sub-judice/pending before the Court and in the absence of a decree or final order of the Court, any alienation or transfer of share in the property by a legal heir or coparcener either through Will or otherwise is void being infructuous and unenforceable under law. Until and unless a testator of the Will becomes an owner of her share in the ancestral property, she cannot alienate or transfer her share in the property to others. Reach out to an Advocate for further guidance and steps.
If there are disputes or concerns regarding the will's validity, any interested party can contest it in court. Given the complex family dynamics and disputes you described, it's possible that the will could be challenged in court. The fact that a partition suit is pending can complicate matters. It's essential to determine how the execution of the will aligns with the ongoing legal proceedings. In some cases, the court may consider the will during the partition suit, especially if it impacts the division of the property. The rights of other legal heirs (P, Q, R, S) in the property may also be considered during the partition suit and execution of the will. They may have a legitimate claim to a share in the property as per the applicable laws of succession.
Sapinda relationship
Is any legal obligation for me to share the property within my brothers and sister
My parents trying to control my life they want to control me like papate.
Money fraud done by brother
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