Will

 

Amit,

Your grandmother can very well apportion the property to her daughters as long as it does not exceed her 50 %. However since the exact words used in the will are not before me, its hard to comment - since when interpreting a will each comma or a space gives a different context to the entire testament. 

On another interpretation of the document if your grandfather intended to create what is known as a life interest in his wife (your grandmother's name) that is to be enjoyed by her during her life without any power of disposition. then she cannot as your mother in that case gets entitled to the entire 100 %. 

Feel free to seek any clarifications.

Best of Luck

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

9810553252 

the first question that needs to be decided whether the property is ancestral of self acquired by your grand father.  in case it is ancestral, then the will does not hold good qua the entire proeprty.  it may be applicable to just the undivided share of your grandfather and the same needs to be divided by survivorship.  in case the property was self acquired by your grand father, then the will can be enforced.  in this situation, as per the will, your mother becomes the absolute owner of 100% of the property.  if your grandmother tries to create a nomination or third party interest, you may file a petition for the probate of the will and seek injunction against the grandmother from creating any third party interest in the property, be it her daughters.

Thank you Bharat Sir and Rajiv Sir for your valuable reply

I think you may be able to guide me better with the exact words of the will

The exact words of the will are as follows...

I am in ownership of one house addressed xyz. I have already filed proper nomination regarding this flat with the society as under

              Wife: 50% and Daughter-in-law 50%

I do not desire to make any change in this nomination at this stage.However I have to mention that this property will remain in the possession of my wife till the date of her survival and thereafter the nominee Daughter-in-law will be owner of this premises.

Your mother has 100% share of property.Probate the will if required.

the grandmother has life interest in the property and cannot sell or create any third party interest.  the daughter in law is the absolute owner of the property after grand mother s demise.

What ur G.Mother possess is a life interest. She cannot bequeath on her own wish. It devolves on your mother after her demise.

thank you experts for ur valuable reply.. So now I can safely transfer the house from my grandfathers name to my grandmothers and mothers name as my grandmother cannot bequeath the 50% to her daughters.