Grandmothers will

Alan Hawk (Querist) 08 May 2021 This query is : Resolved
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?

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Your grandmother, as the absolute owner of property left to her by your grandfather, has the right to bequeath it to whomever she chooses, including you and her daughter. Your stepmother and stepsister are unlikely to successfully challenge this new will, as your grandmother has clear title. While a will takes effect after death, making it potentially challengeable then, executing a gift or settlement deed now could offer a more immediate and secure way to transfer ownership while safeguarding her interests.

Dr J C Vashista (Expert) 08 May 2021
Yes, she may bequeath the property to anyone of her choice.

Advocate Bhartesh goyal (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 (Expert) 08 May 2021
yes it is her whims . she has full right to give any person

ashok kumar singh (Expert) 08 May 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

T. Kalaiselvan, Advocate (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.

kavksatyanarayana (Expert) 08 May 2021
I agree with the advice of the above learned experts.

P. Venu (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 Agarwal (Expert) 09 May 2021
AGREE with above Experts.

Keep Smiling .... Hemant Agarwal

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