A will has been executed by Grandmother prior to Son raising that an agreement which is forged has been filed in the Court of Law.
The will is not valid or enforceable during the lifetime of your grandmother, hence the subsequent sale agreement holds ground if it is genuine.
So, Can her daughter now file the will in the court of law for execution after her death? Will pendency of the case matter?
Since the sale agreement is reported to have been executed subsequently by the person who has marketable title to the property, the sale agreement if proved genuine, shall prevail over the will and the will shall become infructuous automatically.
The question involved is "Whether the death of respondent if happens due to old age affect the appeal if yes, how ?" & " Please throw some light on the Execution of will also in case of death".
The above answer suits this question too.
The Will stands cancelled automatically subsequent to any transaction taken place with the property under dispute after execution of the will, hence the sale agreement reported to have been entered by the testator with a third person will be a valid transaction therefore the Will cannot be enforced even if the testator dies during the pendency of the property dispute in the couret.
The sale agreement has to be proved as false or forged or fabricated and illegal in law to make it invalid after which the beneficiary can enforce the will to acquire the property made as bequest.