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One of beneficiaries died

This query is : Resolved 
 


Querist : Anonymous (Querist)
20 October 2020

My grandmother had made a will in favour of my uncle and my father by registered will.she had excluded my aunt from the will. My grandmother died 2 years back. She has 3 kids(my father , my uncle and my aunt).

Now unexpectedly my uncle died recently in an accident. My uncle did not marry and did have any legal heirs.

So my questions are :

1) Is will still valid ?.
2) can my aunt challenge for her share although her name is excluded from the will?.
3) As my uncle died and he did not have legal heirs, will my father be sole beneficiary for my uncle's share as well since my aunt's name is not mentioned as beneficiary in the will?.

Appreciate your help. Thank you in advance.


kavksatyanarayanaOnline (Expert)
20 October 2020

Whether your grandmother is alive or not is not stated. If she died, the Will come into force. As per Will, your father and your uncle have equal rights over the property. Now your uncle died. So your uncle's legal heirs have equal rights over the property of his share.


Querist : Anonymous (Querist)
20 October 2020

My uncle was unmarried.

Isaac GabrielOnline (Expert)
21 October 2020

Wife of your uncle is.enttled for her share. In the property along with you.

Dr J C VashistaOnline (Expert)
21 October 2020

Seek surviving member certificate from area SDM, prepare list of legal representatives of deceased titleholder and show the document of will to a local prudent lawyer for proper analyses of facts/ documents. professional guidance and necessary proceeding.

P. Venu Online (Expert)
21 October 2020

When did the uncle die - before or afterwards the grandmother's death?


Querist : Anonymous (Querist)
21 October 2020

Hi sir , She died in 2018. My uncle died in March 2020.

Advocate Bhartesh goyalOnline (Expert)
21 October 2020

You asked " can my aunt challenge for her share ? Clear Who is your aunt when your uncle was unmarried .?

P. Venu Online (Expert)
21 October 2020

The Will is of no relevance. On the death of the grandmother, the property has already been vested with the beneficiaries i. e. Your father and the uncle. On the death of the uncle his properties would be inherited by his legal heirs. The uncle being unmarried, your aunt (sister of the deceased) is a legal heir.


Querist : Anonymous (Querist)
21 October 2020

Hi sir,
1)my uncle did not marry.
2) my grand mother had 3 kids. 2 sons and one daughter. My granny did not include my aunt's name in the will as my aunt had already been given her share.

I would like to know if my aunt will also be beneficiary for my uncle share or since my aunt name was not mentioned in the will, will my father be solo beneficiary for my uncle's share?

K.S.Ramaswamy Advocate (Expert)
23 October 2020

What is the nature of property self earned or ancestral property, and whether its movable or immovable property. Kindly send your query with clarity.


Querist : Anonymous (Querist)
23 October 2020

It includes both self earned and ancestral properties. They are immovable properties.

Rajendra K Goyal Online (Expert)
23 October 2020

You asked:
1) Is will still valid ?.
Reply:
Yes, will is valid. The testator has already expired.

You asked:
2) can my aunt challenge for her share although her name is excluded from the will?.
Reply:
She has no share in the property due to the will. She can claim her share from the property share of your uncle along with other legal heirs of uncle (since expired)

You asked:
3) As my uncle died and he did not have legal heirs, will my father be sole beneficiary for my uncle's share as well since my aunt's name is not mentioned as beneficiary in the will?.
Reply:
Property of your uncle would be inherited by all his legal heirs including your father and aunt as he is not having other legal heirs.

Rajendra K Goyal Online (Expert)
23 October 2020

You asked:
1)my uncle did not marry.
Reply:
If he was Hindu and was not having class -I legal heirs, property would be inherited by class -II legal heirs.

You asked:
2) my grand mother had 3 kids. 2 sons and one daughter. My granny did not include my aunt's name in the will as my aunt had already been given her share. I would like to know if my aunt will also be beneficiary for my uncle share or since my aunt name was not mentioned in the will, will my father be solo beneficiary for my uncle's share?
Reply:
Your Aunt would not get share due to will, she is entitled for a share as legal heir of your uncle. Your father is not sole beneficiary of your uncle share.



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