Regarding Will

Querist : Anonymous (Querist) 05 August 2010 This query is : Resolved
Grand father had executed a Registered Will regarding his exclusive properties in the year 1980 stating after his demise the same will deolve upon his grandsons to be born to his son. On the date of the execution of the said Will he did not have any grandsons. Subsequently he had two grand sons. Before the death of the testator one of his grandsons died; subsequently the Testator also died without executing any Will. Under these circumstances, whether the living grandson alone is entitled to the entire property or his mother being legal heir to deceased grandson is also entitled to half share. Kindly clarify.

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B K Raghavendra Rao (Expert) 05 August 2010
It is the grandsons to be born the will is executed and does not say for surviving grandsons. Therefore, the will is applicable for the legal heirs of the grand son who died. It would be shared euqally between the son and his mother being the legal heir of her dead son.

Devajyoti Barman (Expert) 06 August 2010
The succession did not open at the time of death of one grand son and since his mother could not inherit his share. The other grandson will get the whole share.

Dr. Jyothi Vishwanath (Expert) 06 August 2010
the share of the deceased grandson will revert back to the testator's family and the surviving grandson will take only the share which is fixed for him in the will. it is not specified in your question whether the testator is hindu or a muslim. as per the personal law of the testator the share of the deceased grandson will devolve upon the legal heirs of the testator.
since the deceased grandson did not acquire any interest in the legacy as he died before the testator, his mother also cannot take anything as his legal heir.

Rajeev kulshreshtha (Expert) 06 August 2010
THE LIVING GRANDSON SHALL GET THE WHOLE SHARE.

s.subramanian (Expert) 06 August 2010
yes. i concur with jyothi.

Chanchal Nag Chowdhury (Expert) 06 August 2010
Will takes effect on the death of the Testator when the succession opens. Therefore, the surviving grandson gets the whole as the pre-deceased grandson never had a share.

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