Registered will

Mr H.S Khurana (Querist) 17 July 2014 This query is : Resolved
My cousins mom register her will in name of his son that her property goes to son after her death and my cousin is deceased what benefits his wife and children will get .My cousin sister give her property right in favour of his brother [cousin].Please reply.

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Devajyoti Barman (Expert) 17 July 2014
Is her mother is law is still alive?
Will comes into effect only when she dies.
Since the beneficiary dies before the succession opens, her grandson or daughter in law gets nothing through the Will.

ajay sethi (Expert) 17 July 2014
is there provision in will that in case her son predeceased her property would devolve on other legatees? please clarify

Mr H.S Khurana (Querist) 18 July 2014
No there is no such thing mention in that her mother is deceased and now my cousin is also deceased and according to will her house will go to her son as her daughter give her property rights in favour of her brother who is no more so my question is what will his wife do now .

malipeddi jaggarao (Expert) 18 July 2014
On the death of your cousin brother, the property under the will he received from his mother will devolve on his legal heirs exclusively. There is no need to alienate the rights of your cousin sister as far as this property is concerned, as she is already excluded by the will.

ajay sethi (Expert) 18 July 2014
there must be a residuary clause in the will . it is necessary to go through the will to advice

Mr H.S Khurana (Querist) 18 July 2014
What will his wife do to claim property or it will automaticaly go to her

ajay sethi (Expert) 18 July 2014
it wont automatically go to his wife . contact a local lawyer . necessary to go through the will

T. Kalaiselvan, Advocate (Expert) 18 July 2014
If your cousin is the beneficiary on whose favor the property was bequeathed by his mother, provided his mother had a title over the property, and the testator is presumed to be dead, the Will shall come into force and the legal heirs of the beneficiary will automatically acquire the property.

Mr H.S Khurana (Querist) 22 July 2014
He had one sister but mother clearly mention in will if my son want to give any part to my daughter according to his choice he can and her sister withdraw her rights automatically.Can her sister challenge the will now it is registered will

Raj Kumar Makkad (Expert) 23 July 2014
The will can definitely be got challenged even at this stage but within 3 years of the date of knowledge.

T. Kalaiselvan, Advocate (Expert) 23 July 2014
You have not answered whether her sister is intending to claim any share in the property bequeathed in the Will?
The sister can challenge the Will if the beneficiaries donot fulfill the condition of the Will.

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