Legal Question in Real Estate Law in India
Can a partition deed supercede Will?My FIL has executed a will for his 3 sons and one daughterin1995. Recently he died.His sons are under the fear thatany one of them may challenge the will on a/c of the inequal division .So they prepared a partition deed.now WHICH IS almost same as the will.Also they mentioned the will in this deed. They want my wife to sign the deed.Myfear is that in the event any one going to file a petition my wife also has to be pulled which I dont want. In fact we have no craving for that prproperty.
What is ur advice?
2 Answers from Attorneys
no, the partition deed cannot supercede the will. you may file a petition for probate of will.
if every thing is with the consent of brothers and sisters, it can be done with recital of will in the partition. your wife, will have and rather should cooperate so that peace of the family could be maintained. As regards your apprehension is concerned, tommorrow whether it is will or partition, if one goes to the court, name of your wife cannot escape.
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