Rights of widow on her husbands earned property
Querist :
Anonymous
(Querist) 26 January 2011
This query is : Resolved
Dear Expert,
this is regarding my grand mother, who passed away recently, and my grand father passed away in 1999. after my grandfather passed away, his earned property was transfered to his wife (my grand mother), which was got registered also, and than onwards the property was on her name. Being the owner of the property, did she had the right to write the will for that property??
Querist :
Anonymous
(Querist) 26 January 2011
Dear Sir,
She wrote the will and that too 6 or 7 years ago, and made that registered that time only. after her death that will came it front of the entire family, in which there are their 3 sons and 5 grand sons. we all came to know that she has distributed every thing among her 5 grandsons and one of her daughter in law and no body else. can any one challenge that will?? and if some one does it, than what are the chances of their challenge to the her will?? and also can their children (any one in their 3 sons)claim for their part in that property??
Vinoba
(Expert) 26 January 2011
Hello,
From your query it is quite obvious that the property is the self acquired property of your grandfather. After your grandfather's demise he is survived by your grandmother and his 3 children. Therefore your grandmother is entitled for 1/4th share only. And she cannot write a will in respect of the entire property since her sons are also being class-I heirs entitled for their respective 1/4th share.
Vinoba.L
Advocate
niranjan
(Expert) 26 January 2011
Link is missing as to who registered the property in her name.
Querist :
Anonymous
(Querist) 26 January 2011
hello Vinoba,
the property has been registered in the name of my grandmother with the due consideration of their 3 sons, and they all singed in the transfer papers. than onwards all the taxes for the property were on her name only and she paid them to the due authorities regularlily, all the tax papers/receipts (for the property) are on her name only. still cant she write will for that property??
@ Niranjan: I think I answered your doubt also.
A. A. JOSE
(Expert) 27 January 2011
Your grandmother's will is valid. However, if one has reasonable grounds, nothing prevents him frm challenging the will.
R.Ramachandran
(Expert) 27 January 2011
As rightly pointed out by Mr. Vinoba, after the death of your grand father the property will goby way of inheritance to all his legal heirs in equal share (i.e. your grand mother and her three children.)
However since you say that her children(trust they are majors at the relevant time) relinquished their interests (hope this relinquishment deed is registered) in the property in favour of your grand mother.
If the above procedure had been followed, then your grand mother is the absolute owner of the property in question and she has every right to do whatever that she likes to do with the same. NO ONE CAN QUESTION HER RIGHT.
Since you say that the WILL had been registered, the chances for challenging the Will would be little difficult. In any case, if you have strong grounds/proof, you can challenge the WILL as being obtained by fraud, undue influence, coercion, pressure etc. etc.
Kirti Kar Tripathi
(Expert) 27 January 2011
Yes, I agree with Mr. Vinoba and Mr.Ramachandran. Since the property of your grandfather's self acquired property, who died without will therefore, all the class_i legal heirs are entitled for equal shares including his wife, thus she could make will of entire property.
Amit Minocha
(Expert) 27 January 2011
agree with MR Ramachandran
