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Does a "will" override "partition deed"made for the same property


11-Jul-2023 (In Property Law)
If someone had partitioned his property amongs his heirs and after some years he again executed a will of that whole property to his single adopted son, then what will be the effect of that "will" and previously executed deed "partitioned deed"?
Answers (4)

Answer #1
605 votes
If a partition took place and partition deed executed and bears signature of all the family member and every one is in possession of their share, then it will prevail over the will of whole property on the other hand every case has its own circumstances then any suggestions can be given only whole scenario and documents related to the property
Answer #2
723 votes
If a partition took place and partition deed executed and bears signature of all the family member and every one is in possession of their share, then it will prevail over the will of whole property on the other hand every case has its own circumstances then any suggestions can be given only whole scenario and documents related to the property
Answer #3
838 votes
Hello, Is your partition deed already registered? And have finished all formalities of sub registrar office? Then that WILL may not be maintainable on same property.
Please revert back if you need any further assistance.
Jayatee Chatterjee
Answer #4
862 votes
The partition deed within itself is a title deed ,once the title has been declared for each individual then the will can be only in respect of that particular share of individual and not the whole property therefore will will have no value if its for the whole property and the partition deed will be upheld.

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