Your father can execute will bequeathing property inherited by him as per brother will
it should be attested by 2 witnesses
3) seek expedited hearing of case pending in HC as father is senior citizen
Writing a will during property suit pendency
Hello Sir, My father has acquired some properties through registered WILL from his Brother (expired on 1998) and the same had been challenged in the court by my fathers brother wife (widow). District Court had given judgement in favoring properties would belong to my father as per WILL and the same has been again challenged in High Court by the petitioner. Now my father is almost 80 years and wanted to make WILL on the above said suite properties. I would like to understand how to proceed to make WILL on the above said matter. Thanks in Advance, Rama krishna Mail : [deleted]
Asked 2 years ago in Property Law
Religion: Hindu
11 Answers
Even though the dispute is still going on in the form of Appeal, your father can very well make mention about the dispute in the Will and bequeath the property to our name in the capacity of the beneficiary of the Will.
There is no legal infirmity in doing so.
get a legal representative for yourself, he or she will make the Will for you.
He can make a registered will but it will only be executed in entirety after the court gives verdict in your fathers favour
Dear Client,
A will can be made in your situation and can be executed after the case is decided by the High court in your favor. There is no legal infirmity in the above as you already have an order of the district court.
Thank you
1. The District Court has already decided that the property in question belongs to your father based on your grandfather's will.
2. So, as of now, your father legally owns the said property and is entitled to deal with it since there has been no stay order passed by the High Court to restrain the enforcement of the Order passed by the District Court.
3. Your father now can execute the will bequeathing suit property in your favour as per law.
1. Let your father execute a WILL for the property detailing the beneficiary/beneficiaries.
2. Signatures of two witnesses, who should not be beneficiaries, have to be got.
3. Your father can execute the WILL any number of times during his lifetime and only the last WILL will be the legally valid one.
4. WILL can be executed on plain paper itself.
5. Registration of WILL is not compulsory but only optional. Even an unregistered WILL will have the same legal validity as that of a registered WILL.
Nothing stops your father from making a will for the disputed properties as well
The bequest made in the will would be subject to the final outcome of the litigation
Hi
Law permits the testator (your father) to execute a WILL on the properties that are pending dispute.
Just because there is an appeal pending, does not deprive your father of his claim on property and if successful in appeal, the title of your father shall become absolute(already it is absolute by virtue of District Court ORder)
So, there are no legal impediments for your father to execute a WILL comprising of properties that are subject matter of appeal.
Hope this information is useful.
- Since, the district court has passed decree in favour of your father and if there is not stay granted over the property by the High Court , then your father can write a WILL or even can transfer the said property in your name by way of gift deed.
Yes, your father may very well write a Will in respect of that suit property, as the Will shall take legal effect only after his lifetime. There is absolutely no legal bar. In case the court case is favourable to your father, the Will shall prevail after his lifetime.
