Grandmothers will

This query is : Resolved 

Online (Querist)
08 May 2021

My grandfather left his property to my grandfather in his will, which is now in her name after NOC's from both my father and his sister.

My father passed away recently. And my grandmother decided to write a new will leaving the property to her daughter and me, her grandson. My father had a second marriage and legally adopted a kid from it and they both treated my grandmother badly. Can my step mother or my step sister challenge my grandmothers will and will they succeed?

Dr J C VashistaOnline (Expert)
08 May 2021

Yes, she may bequeath the property to anyone of her choice.

Advocate Bhartesh goyalOnline (Expert)
08 May 2021

Your grandmother is absolute owner of property and she has every right to transfer,sale,gift and beqeath the property to any one as per her wish ,no one has right to challenge her wish

Sankaranarayanan Online (Expert)
08 May 2021

yes it is her whims . she has full right to give any person

ashok kumar singhOnline (Expert)
08 May 2021

agreed with views of earlier experts, therefore no further comments, so far.

T. Kalaiselvan, Advocate Online (Expert)
08 May 2021

Your grandmother being the absolute owner of the property bequeathed to her by her deceased husband, by virtue of the Will, she is having clear and marketable title to the property.
On that basis she can very well transfer this proeprty to anyone of her choice which means she can transfer a portion to her daughter and an other portion of the property to your name.
Neither your step mother nor her child can create any legal issues to this or even if they create any such issue, it would not be maintainable.

kavksatyanarayanaOnline (Expert)
08 May 2021

I agree with the advice of the above learned experts.

P. Venu Online (Expert)
08 May 2021

There is a legal infirmity in making a Will. However, a Will takes effect after the lifetime of the testator and hence, its validity could be challenged after the grandmother's lifetime.

Better option is in executing a gift or settlement deed, with conditions incorporated to safeguard the grandmother's interests.

Hemant AgarwalOnline (Expert)
09 May 2021

AGREE with above Experts.

Keep Smiling .... Hemant Agarwal

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