Inheritance as per will
Sonu
(Querist) 12 March 2012
This query is : Resolved
As per my husband's grandmother's will, first floor of the house we live in, was given to her elder son. It was mentioned in the will that if property is sold, it will be first offered for sale to my father-in-law at 25% less than the market value.
My husband's uncle gave the property (first floor) to his wife as per his will. This was later sold by his wife to a third party.
When the property was sold, my father-in-law and uncle were no more. His wife did not offer the property to us for purchase at 25% less than the market value. According to her, will did not say it will be offered to my father-in-law's legal heirs and my father-in-law had expired.
Did my father-in-law's legal heirs have the first right to purchase at lower rate or was the condition only applicable to my father-in-law as the will did not explicitly state it will be offered to his legal heirs?
V R SHROFF
(Expert) 12 March 2012
It is disputed. However legal heirs are not included in WILL, so chanes are rare.
Deepak Nair
(Expert) 12 March 2012
The property was to be offerred to your father in law at a rate lower than market rate.
The legal heirs of your father in law cannot claim the same in a lower rate as per the will as the will is does not speak about the legal heirs.
ajay sethi
(Expert) 12 March 2012
agree with deepak nair. at time of sale by property by the wife your father in law was not motre . as such no question arose of giving your father in law right to purchase at 25%^lower rate
