• Sold Property in Will

My grandfather's Will contains (sold) property not belonging to him. Is Will still valid? How to handle missing share? 

gf is Shia Muslim.
Asked 2 years ago in Family Law
Religion: Muslim

2 answers received in 1 hour.

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14 Answers

If your grandfather's Will contained a property already sold by him, that property shall be excluded from the Will. However, the Will shall be effective in respect of all the other assets if otherwise in order.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

A will is valid only to the extent of property owned by testator, inclusion of property not owned by testator is not effective. A Muslim can bequeath only one third of his property, 2/3 will devolve as per Muslim law of inheritance on his legal heirs.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

The Will is valid one . However, Sold property was included so beneficiary under will not entitle to get that property.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

 your grand father cannot bequaeth property already sold by him 

 

however in respect of other assets will would still be valid 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

A property which does not belong to a person cannot be the subject matter of a will made by that person. Therefore even if a person writes a will pertaining to that property that will is irrelevant.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

a testator can make a Will only in respect of those properties which are owned by him

if the testator made a Will for a property which was already sold in his lifetime then such bequest for that property only would lapse whereas the other bequests in the Will would still hold good

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

a legator can bequest a property in a Will only under two conditions-

  • If he owns the property at the time of his death.
  • The property must be transferable.

A property bequeathed under a Will may or may not exist at the time of execution of Will but it is mandatory that the bequeathed property must be in ownership of the legator at the time of his death. The logic behind this rule is very simple. A Will comes into operation after the death of the legator and the transfer of property to legatee takes place from the date of legator’s death and not from the date of execution.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

The recitals in the will with regards to an already sold property becomes redundant and non-executable. Other than that, the rest of recitals with regards to the other properties are still very much valid and executable. It doesn't render the whole will as invalid. 

Sanjay Narayandas
Advocate, Hyderabad
103 Answers

5.0 on 5.0

1. Your grandfather  can not bequeath the property which he does not own. 

 

2. So, that part of the will is invalid which states about the properties not owned by him.

 

3. You are expected to receive various letters from the Companies in the name of your grandfather whose shares have been bought by him. From those letters/notices, you will get the details of the missing shares.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Sold properties can't be willed. That clause would be rendered infructuous.

Other clauses can be enforced.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

- Since your grandfather having a WILL for the property which is already sold then it will have no legal value 

- However, if that property has been sold after making the said WILL in the name of your grandfather by the deceased testator , then the WILL can be executed by your grandfather after filing a probate petition before the court. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Dear Client, 

WIll can only be made to property one holds so, this part of the will is not valid and can not be asked for. 

Thank you. 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

No if the said will doesn't have his self acquired property then he can't will it for ancestral property his will can only have his share not the entire property

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear Querist

As per Shia Law, A shia or Sunni Muslim can execute a Will only for 1/3 share of his property.

be specific with your query to get best advice from us.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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