conditional will
Querist :
Anonymous
(Querist) 28 December 2010
This query is : Resolved
my grand father execute a will in favor of my father and my uncle, who is brother of my father only to enjoy the property, where my grand father allotted A-share to my father and B-share to my uncle, but he recited in the same will and he give right to his grand sons, who born through my father and my uncle to alienate, mortgage the property
in this situation, my uncle had only daughters, now he intend to sale the property to meet out the marriage expenses of his daughters.
Hence kindly provide idea or any judgements regards this
R.Ramachandran
(Expert) 28 December 2010
It is noticed that your grand father has allotted the shares separately to your father and your uncle.
Now you will be concerned only with the share allotted to your father and not the one allotted to your uncle.
It is for the uncle and his family to decide what to do with that.
G. ARAVINTHAN
(Expert) 28 December 2010
the thought of your grand father would be his property to be inherited by his grand sons. so you have right in respect of properties except those which were given to your father and uncle
Gulshan Tanwar
(Expert) 28 December 2010
Agreed with my Ld. Friend Ramachandran.
Advocate. Arunagiri
(Expert) 28 December 2010
Normaly when a WILL says about grand sons (unborn child), it includes daughter also. Gender is not an issue.
You uncle's daughters can sell the property.
Querist :
Anonymous
(Querist) 29 December 2010
Shri. Ramachandran Sir
I want to clarify one thing sir, now my father's family and my uncle's family are living as joint family so as a brother of my uncle's daughter i have to take responsible for their marriage, so kindly clarify, in what way the property will sale
Thanking u
R.Ramachandran
(Expert) 29 December 2010
Dear Anonymous,
I think that it is your family's internal matter and nothing to do with law.
If you feel that it is your responsibility as a brother to conduct the marriage of your uncle's daughter then go ahead and do it by spending money - either given by your uncle or from your pocket. What that has got to do with the legality of your uncle to sell his share of the property given in will by his father?
I really don't understand.
