Thangavel Manickadevar (Excutive Director and Legal Advisor) 25 November 2013

Who is the legal heirs?

Dear Sir,

(Hindu Family) Person A purchase a property and he excute a Will that purchased property goes to his Son after his death. And at this will he mentioned clearly about A's wife only had enjoyment rights.

In the mean time Person A death and then Son death. Person A has 5 daughters also. After Person A and Son death, Person A's wife execute a Will and she mentioned that that property goes to her first daughter's son only. In this situation all her daughter has children also.

My Question is ?

1) Is that Will is right ?

2) After Person A death and his son death, Who is the legal heirs of that property?

3) Is Person A wife has full right of that property? or only share of the above property.

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2 Replies

Laxmi Kant Joshi (Advocate ) 25 November 2013

after the death of A , according to his will his son is the sole owner of the property but he can not sell this property during the life time of his mother because she has enjoyment right over it , after the death of the A's son ,if he is married and died without making any will then the property will goes among his wife and children .A's wife has no right to make any will of that property because she didn't have any share in this property ., but if A's son is un- married and died without making any will then his mother and his 5 sisters has to file for legal heir certificate in the tehsildars court and after getting that the property should be distributed among them , means property will be divided in 6 equal parts and the mother will get only one share i.e.1/6 part of the property now she can make a will of only her share .