Power of will did by wife after husband's death.
Shreyas
(Querist) 31 March 2012
This query is : Resolved
My grand pa bought a house which he purchased in his own money. he have 1 son and 1 daughter. He orally gave house to his daughter and son in law as a gift. But he didnt do any gift deed in daughter name. Later my grand pa died and it came in my grand ma's name. Now my grand ma has done a WILL (as even my grand pa had wished) in her dughter's name and the WILL has been registered. Even the son has signed as witness in the WILL.
Does this WILL stand in court?? Is it legal?? Please let me know. Now the son came back asking the house and he forcing the daughter and son in law to vacate hosue.
If daughter goes to court what will be the result?
Adv.R.P.Chugh
(Expert) 31 March 2012
Dear Querist,
The earlier gift does not hold good - every gift of immoveable property has to be in writing and duly registered.
Hence on his death the property devolves in equal shares to his wife(grandmother)/daughter/son to the tune of 1/3rd each. The Grandmother could have given only 1/3rd she possessed and not the whole property by will as she was not the owner of the entire property.
Hence in the ultimate analysis - the daughter is entitled to her 1/3rd + 1/3rd given by mother (provided will is proved)
prabhakar singh
(Expert) 01 April 2012
Yes!your grand pa left his house intestate and his oral gift is not valid unless it is a muslim case, his daughter has got only 1/3 as her share and 1/3 more by will from your grand mother.since will is signed by the son,chances are that it shall stand binding on the son.Despite this all son still owns 1/3 as his share devolving upon him as his share in the house on death of his father.
Hence daughter can file a suit of partition of the house in question for her share plus her mother's share totaling to 2/3,against brother who has only 1/3 share in the house as he has signed the will of his mother as confirming party.
Shreyas
(Querist) 01 April 2012
Thanks to Bharat and Prabhakar for your suggestion.
I would like to tell, the khata is in my grand ma's name and tax is paid by daughter in gran ma's name from past 25 years. And the daughter and son in law is leaving in this house from past 25 years and they've reconstructed the house in their money.
And in the WILL which was done by grand ma, she has not mentioned only her part of property, she has mentioned entire house belongs to her daughter after her death.
So the quest is this WILL doesn't have any value?? If we go to court after grand ma's death then will it divided equally in two parts(1/2 to son and 1/2 to dughter) or that time also 1/3 +1/3 +1/3??
