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how the Will shall be treated now?
07-Jun-2023 (In Property Law)
I am the owner of 80 % share of property
I wrote the Will saying that I own 100%
how the Will shall be treated now?
Is it partly valid?
is it Void?
what is the status under law?
what is the substantive law regarding it?
Query perused. You can technically and legally bequeath upon death only those assets weather movable or immovable which you legally hold. Since you hold 80% share in the property, you cannot and by any stretch of the imagination bequeath 100 %. Technically it's an invalid Will with regard to the specific property. I would advise you to either get a new Will executed or execute a codocil to the Will to make the existing Will legally Valid. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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A clear answer can only be provided once I see the entire contents of the will. However, it can be interpreted to say that you are bequeathing the entire share of your 80% property to a person. It is assumed that the will has been drafted by a person who is layman and so it may be interpreted accordingly by the courts.
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Adv. Arpit Jain
Delhi | 25+ Answers
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