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Manmohan singh (Engineer)     03 April 2014

Last leaving owner

Dear sir,

 

Will is written in favor of A B and C

 

Absolute property is bequeathed to A (mother).   After her death it is bequeathed   absolutely to B and C.  As per the will B and C will be absolute owner of the property after the death of A.(END of Will)

 

 

 

Background information

 

B died in the life time of A but survived Testator.

 

This may or may not case of Joint tenancy each one has 100 % share in the property and after the death of B,  C gets the 100% .

 

Heirs of B does not get the property as nothing is mentioned about them in the will.

 

Law of death in instacy (death without will) is not applicable here where property is passed on to widow of deceased.

 

Question: Does C takes whole of the property after the death of A. Any reasons.

 

 

Thank you in advance.



Learning

 2 Replies

Dr J C Vashista (Advocate)     03 April 2014

During the "life time of A but survived Testator" will shall not be operative.

Your contention regarding "This may or may not case of Joint tenancy each one has 100 % share in the property and after the death of B, C gets the 100% ." is vague and not clear.

T. Kalaiselvan, Advocate (Advocate)     04 April 2014

In this case it is very simple that if A has not altered or revoked and re-written another Will during her life time, she died leaving behind the said Will to be acted upon her death, C will get half share of the property and B's heirs will get another half  of it.


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