Conditional will
Vijay
(Querist) 06 December 2016
This query is : Resolved
A will is made by father in favour of his first son for a house constructed by him from own income with a condition that first son will pay certain amount to second son in order to be full owner of that house. A further condition is also made that if he (only mention name of son not legal heirs) does not pay required amount to the second son, the second son will get half share in the house.
The father dies but the will is neither opened not executed.
In the meantime the first son also dies without payment of the required amount to second son.
My question is
1. whether the legal heirs of first son with get the full right of the above house by payment of sum mentioned in the will.
2. Whether the second son can claim his share in the house due to non-payment.
Thanks
Rajendra K Goyal
(Expert) 06 December 2016
How are you concerned with the query?
looks like moot court problem / examination question.
adv.bharat @ PUNE
(Expert) 06 December 2016
Author need to explain the query raised by expert.
Kumar Doab
(Expert) 06 December 2016
The author may respond to points raised by Mr. Goyal.
Kumar Doab
(Expert) 06 December 2016
Legal heirs steps into shoes of deceased father.
Vijay
(Querist) 07 December 2016
my query is towards the rights of second son where first son has died without payment of of amount to second son
Rajendra K Goyal
(Expert) 07 December 2016
You have not replied how are you concerned?
Kumar Doab
(Expert) 07 December 2016
The author may respond to points raised by Mr. Goyal.
rajeev sharma
(Expert) 07 December 2016
since condition is not complied second son may claim half share
Kumar Doab
(Expert) 07 December 2016
The author has not responded to the points raised by Mr. Goyal.
Kumar Doab
(Expert) 07 December 2016
You have posted that;
"but the will is neither opened not executed."
The WILL has to see day of the light and acted upon.
The second son may claim half share.
The legal heirs may offer certain amount, as legal heirs step into shoes of deceased father.
Vijay
(Querist) 07 December 2016
thanks for the responces
Kumar Doab
(Expert) 07 December 2016
You are welcome.
P. Venu
(Expert) 07 December 2016
As the Will is not opened or executed, the Will or the conditions thereof are of no relevance. The property needs to be shared in terms of the provisions of intestate succession.
