Can my deceased aunt's children claim property share?
Guest
(Querist) 16 May 2011
This query is : Resolved
We are Hindus,living in South Delhi.My late paternal grandfather purchased this flat in 1979 where we live.He has 5 children(4 sons and 1 daughter).
In 1998,he wrote his will in his own handwriting,signed by 2 of his friends as witnesses.He died in 2007.Now his witness friends are also no more.That will was never registered.
This will stated that if he died after my grandmother's death,this flat and all his money will be equally divided amongst his 4 sons.But if my grandmother remains alive after his death,only she will decide how she wants this flat and money to be divided.
2 days back,my grandmother made her will,where she followed my late grandafather's wishes only, that this flat will be equally divided amongst the 4 sons,leaving out her daughter.Her will was printed,and she signed it in presence of 2 known witnesses.
The brothers are deciding to sell this flat only after grandmother dies.
Questions:
1. After grandmother's death,if we follow her will by selling this flat and dividing it amongst the 4 sons equally,can the children of my aunt who was not given any share,claim any share in it?
My grandmother's will is not registered.My aunt had married a Christian in 1969 and has 3 adult children.She died in 1994,ie,four years before my grandfather had written his will.
2. Is there any way to prevent my aunt's children from claiming their share?
These children never keep any relation with my grandmother,hardly meet or call her or any of us and socialise only amongst themselves.In our house also whenevr they stayed when our aunt was alive,they only played politics in our family.
3.Is it a necessity to get the will registered?
4.Any other precautions,so that the flat may be sold easily without obstacles,after she dies?
R.Ramachandran
(Expert) 16 May 2011
1. From the way your Grand father had written the will, it appears that he has willed the entire property to his wife (i.e. your grand mother) and in the event of your grand mother pre-deceasing your grand father, the property will go to his grand sons.
2. Since your grand mother survived your grand father, the entire property belongs to her. She has every right to dispose of the property in whatever way that she wants to dispose it of. If she disposes that property by means of a WILL in favour you the grand sons, it will be perfectly valid.
3. If you get the will made by your grand mother registered, it will be of great relief to you in future. The WILL should be properly drafted, including bringing in the essence of your grandfather's will.
4. The challenge to a Will (whether registered or unregistered) by anybody, including your aunt's sons cannot be ruled out. This will be known only after your grand mother's death, especially when you go for probate of the WILL. In any case, since you will have a registered Will in your favour, there are greater chances of succeeding.
Deekshitulu.V.S.R
(Expert) 19 May 2011
The property was owned by grandfather who made the will. In accordance with the same the grand mother had made the will. That shall take effect. Whether the will is registered or not no mater and the rights will accure in accordance with the will of the GM.
