BEQUEATH OF PROPERTY UNDER WILL IS NOT TRANSFER OF PROPERTY

Transfer of property — Temporary injunction restraining party from effecting — Bequeath of property - Will 
executed during pendency of temporary injunction — Validity of Will —Held, valid — Bequeath of property 
under Will is not transfer of property, as transfer effected under Will is not transfer inter vivos — Will is only 
legal declaration of intention of party with respect to his property which he desires to be carried into effect 
after his death — Will creates no right or title or interest in favour of anyone during lifetime of testator. No 
Court has the power to make an order, that too an interim order, restraining an individual from exercising his 
right to execute a Will and thereby regulate succession on his death. A direction to a party to maintain status 
quo in regard to a property does not therefore bar him from making a testamentary disposition in regard to 
such property. By making a Will, the testator neither changes title nor possession in regard to a property nor 
alters the nature or situation of the property nor removes or adds anything to the property. In short the 
testator, by making a Will does not alter the existing state of things in regard to the property. It follows 
therefore that making of a Will in regard to a property does not violate an order of status quo in regard to 
such property, and consequently, the testamentary disposition is neither void nor voidable. — N. Ramaiah v 
Nagaraj S. and Another, AIR 2001 Kant 395

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