Who is final owner
Manmohan singh
(Querist) 01 April 2014
This query is : Resolved
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 Testater.
This may or may not case of Joint tenancy each one has 100 % share in the property and after the 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
P. Venu
(Expert) 02 April 2014
Pl. confirm that A has not made any subsequent will after the death of B.
Anirudh
(Expert) 02 April 2014
Since nothing has been indicated in the WILL as to what will happen in case B or C died prior to the death of A, 50% of the property will go by way of normal inheritance rule. Accordingly, the children of the deceased B will be entitled to their share. C cannot get the entire property.
Guest
(Expert) 02 April 2014
The question arises, in what way you are concerned with the will, A, B, or C, and the purpose of asking such type of cademic query? However, 'C' should forget about 100% share of the property.
The case is quite simple. When both B & C were alive at the time of death of the testator, the will became effective on the date of death of A, making B clearly entitled to 50% share of the will property, which subsequently has to go to the legal heirs of B only, not to C in any way.
ajay sethi
(Expert) 02 April 2014
C will get the share bequeathed under will. agree with anirudh
R.K Nanda
(Expert) 02 April 2014
no more to add.
T. Kalaiselvan, Advocate
(Expert) 02 April 2014
I agree with the experts that C will be entitled to inherit only 50% of the property as per the recital of Will. Of course the remaining 50% of the property will be inherited by the heirs of deceased B.
Manmohan singh
(Querist) 03 April 2014
Testater (Husband of A) died making absolute owner A (wife). A ( wife is alive)
B (son) died in the lifetime of A.
Property was absolutly bequethed to B and C after the death of A. B (son died) and C (son) have absolute rights to enjoy property as a whole. Not 50 %.
IN the will it is not mentioned that property will go to the heirs of B.
What does C get.
Manmohan singh
(Querist) 03 April 2014
I just want to add that A (wife) being the absolute owner wrote the will in favor of C.
R.V.RAO
(Expert) 03 April 2014
agree with sri anirudh ji and thiru kalai selvan ji.
Anirudh
(Expert) 04 April 2014
I think Mr. C is quite anxious to say that in the absence of 'B' (who predeceased 'A'), the entire property (100%) would go to 'C'.
But unfortunately that is not the position in law.
As per the facts given in the first post, the husband of 'A' had made the will, creating a life interest of the property in 'A', and after the demise of 'A' the property to go equally to 'B' and 'C'.
Thus, 'A' is not the absolute owner and therefore could not have made any WILL in anybody's favour, much less in favour of 'C' alone.
Having said that, in the absence of any provision in the WILL as to how the property would go when 'B' had died before the WILL could be given effect to, 'C' will get 50% of the property under the WILL.
The remaining 50% of the property will go equally amongst all the eligible legal heirs. The legal heirs in the present case would be (a) the son(s)/daughter(s)/wife of the deceased 'B'; and (ii) C.
Thus, the 50% of the property would be divided into 2 - one part (i.e. 25%) going to 'C' and the remaining 25% going to the sons/daughters/wife of B. (If in the WILL it had been stated that in the event of death of 'B', the share bequeathed to him would go to his legal heirs, then the entire 50% would have gone to the legal heirs of B, and in which case C would not have got the additional 25%).
Guest
(Expert) 04 April 2014
On one hand, you have stated, "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."
Now you have stated, "A (wife) being the absolute owner wrote the will in favor of C."
While both the statements are contradictory, you have also not clarified, "in what way you are concerned with the will, A, B, or C, as I requested earlier.
Your perception is wrong that A was absolute owner. With the precondition of original will in favour of A, B & C, the 2nd part of the will was yet to be made operative after the death of A. So, there was no end of the will as against your perception. A did not enjoy any right to alter the original will. Even if she had made any will, that was quite void in law.
If you are "C", please don't think that by your misleading statement, or any reply in your favour on the basis of that misleading statement, would change the position of law and the judge would deliver his judgment in your favour merely on that basis.
In the light of the will of the original testator, any will made by any one of the beneficiary to alter the spirit of original will, would absolutely be void. Original will would prevail even after the death of A.
Manmohan singh
(Querist) 05 February 2015
in the will testater gives rights to A that A can sell the property with consent of c or d..
Can c buy the property from A.
