Rights of property by grandchildren
Rishi Khanna
(Querist) 04 December 2013
This query is : Resolved
Mr. A has two sons. B and C . Mr. B was married in India but divorced in US and had two daughters before the divorce. Now Mr. A in his will has given all the property to Mr. C. Now Mr. A has passed away. Now please let me know that whether the wife or children's of Mr. B has any legal right on the property before the age of 18 or after 18, on the property of Mr C in whose name a registered will has been executed. The property of Mr. A is not inherited.it is Mr. A's own property. Kindly advise what to execute if we don't want Mr B ' wife and daughters are able to challenge us in context of property of mr. a
Dr J C Vashista
(Expert) 04 December 2013
If the property of grandfather was inherited, he can bequeath his share to either of them (irrelevant of age).
Otherwise all the property (self acquired) can be given to either of them.
If no will has been executed by A it will be shared equally between B & C (or their legal representatives)
The will either registered or unregistered can be challanged.
P. Venu 
(Expert) 04 December 2013
Is the property ancestral or self acquired?
ajay sethi
(Expert) 04 December 2013
it appears to be an academic query . you have pointed out 3 possible situations . died leaving a will , without a will , registered will .
Rishi Khanna
(Querist) 04 December 2013
Mr. A has two sons. B and C . Mr. B was married in India but divorced in US and had two daughters before the divorce. Now Mr. A in his will has given all the property to Mr. C. Now Mr. A has passed away. Now please let me know that whether the wife or children's of Mr. B has any legal right on the property before the age of 18 or after 18, on the property of Mr C in whose name a registered will has been executed. The property of Mr. A is not inherited.it is Mr. A's own property. Kindly advise what to execute if we don't want Mr B ' wife and daughters are able to challenge us in context of property of mr. a
1
Rishi Khanna
(Querist) 04 December 2013
Mr. A has two sons. B and C . Mr. B was married in India but divorced in US and had two daughters before the divorce. Now Mr. A in his will has given all the property to Mr. C. Now Mr. A has passed away. Now please let me know that whether the wife or children's of Mr. B has any legal right on the property before the age of 18 or after 18, on the property of Mr C in whose name a registered will has been executed. The property of Mr. A is not inherited.it is Mr. A's own property. Kindly advise what to execute if we don't want Mr B ' wife and daughters are able to challenge us in context of property of mr. a
1
ABDUL RAZIQUE
(Expert) 04 December 2013
YOU ALREADY KNOW THE FACT THAT AT THE TIME OF PROBATE "WILL" CHALLENGE BY OTHER PARTY SO YOU WANT TO KNOW THE REMEDY.
IT IS FULLY DEPEND ON TIME, THERE IS NO ANY PATH TO STAND A BOUNDARY WALL FOR NOT ENTER.
malipeddi jaggarao
(Expert) 05 December 2013
If it is self-acquired property of Mr.A, he can deal with it according to his wish. In this case he excluded his son B/legal heirs of B and bequeathed a Will in favour of C. C got the absolute right over the property. If there is any wrong claim by B or his legal heirs, you can counter it basing on the Will of A. It is for the claimants to prove that the property is not self-acquired and the Will is not tenable.
Dr J C Vashista
(Expert) 05 December 2013
If the LRs of B have been excluded from the ancestral propeerty by testator i.e., A, challange the will, otherwise, donot scratch your head in air.
Nothing more to add.
Rishi Khanna
(Querist) 26 December 2013
Is it necessary for the girl to adopt the husband's surname according to Hindu marriage act. Can she keep her ancestral surname through out her life.
P. Venu
(Expert) 27 December 2013
No, there is no such law, nor a custom. It is only a usage.
