Legal Question in Civil Rights Law in India

In HUF, husband and wife having 3 son and 3 daughters .husband purchased the site in the name of his wife and constructed 18 buildings ,its not a self acquired property of his wife,she is not doing any job and having no source of income and she is simply a house wife .During the life time of her husband registered will was executed as per the directions of her husband and given to 3 sons soon after the demise of her husband she executed giftdeed to only to her 2 sons excluding eldest son whether the eldest son and 3 other daughters can claim decleration and partition suit as regards the above said property.


Asked on 7/23/13, 3:03 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.07.2013

Dear Sir / Madam,

The Will of the deceased being earlier than the Gift Deed, the custodian and executor named in the Will, can invoke the Will of the Testator (deceased Karta and husband) by applying for a Probate on the Will for the transfer of title of the property in the name of the three sons named as beneficiaries and specified in the Will. But here again, I foresee a scenario wherein the three daughters not be satisfied, will testify against the beneficiaries in the Court, at the time of deliberations on the Probate. To get rid of all problems, simply obtain a Succession Certificate from the District Magistrate Court and resolve the issue.

Regards,

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Answered on 7/23/13, 3:20 am


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