succession and inheritence

Querist : Anonymous (Querist) 01 July 2011 This query is : Resolved
A lady(SBP) made a will in 1973 saying that if she dies before her husband (KNP)then all her property goes to her husband. She states that the property was purchased by her husband from his earnings but registered in her name. She further states that "when both of us are dead the property will be divided amongst my daughter and her children - two sons and a daughter. When the daughter gets married she will have no right on any of the propert but will get a fixed sum of Rs 10000/- "
KNP died in April 1978
SBP died in April 1990

The questions I have are -
a) KNP the husband dies BEFORE SBP without leaving a will . Does the will made by SBP have validity in this case as the will says that in case SBP dies before KNP then ....?
b) Does The lady SBP have the right to make a will as the property in question is not self acquired as per her own declaration in the will and the fact that she had no income of her own?
What would be the share of TPB,ABJ,SUR,MON
The only survovours were :-
AB , married daughter of KNP & SBP,
TPB husband of AB
ABJ Son of TPB and AB
SUR Son of TPB and AB
MON married daughter of TPB and AB
AB expired in June 1992
No partitioning has yet been done.
The situation relates to a hindu family in India.

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R.Ramachandran (Expert) 01 July 2011
The following portion is not clear:

"She further states that "when both of us are dead the property will be divided amongst my daughter and her children - two sons and a daughter. When the daughter gets married she will have no right on any of the property but will get a fixed sum of Rs. 10000/- "

In the above it seems that she is talking about the daughter of her daughter (MON).

On the above understanding, your query is being answered hereunder:
(a) The will made by the lady is valid. The will clearly states that "when both of us are dead".
(b)Yes, the lady has the right to make the Will, since the property was on her name (who contributed the fund, or whether she earned any penny or whether she was only a house wife etc. etc. has no bearing).
(c) MON will only get a fixed sum of Rs. 10000/-.
(d) The property has to be divided between AB, ABJ and SUR.

adv. rajeev ( rajoo ) (Expert) 01 July 2011
If the husband dies before the wife, then will executed in his favour has no value.
If the husband dies intestate then all the class I legal heirs of husband will succeed the properties of the husband

Querist : Anonymous (Querist) 03 July 2011
Thank you for the quick and usefull response. I need some more clarification and hope you will spare some more tome for me.B has also expired in 1992 as mentioned earlier. In such case what would be the share of MON. How would she get the same or the valus of it in cash ?

R.Ramachandran (Expert) 03 July 2011
IF AB your mother had not left any will, then her properties will go by way of inheritance amongst all the legal heirs i.e. husband, son(s), daughter(s). So, IF AB had not left any will, then as her legal heir you can also get your equal share from the property left behind by AB, provided AB had not made any WILL or gifted way her property to anyone.