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paritosh (Asstt.)     02 November 2012

Authority for making a will

My late grandmother purchased some property in U.P. approx. 40 years back. She was third wife of her husband. Before her demise she has made registered will in favour of my father(Real son). On the basis of the will, the property was transferred into my father's name. Now after 09 years, her step sons & grandsons (Son of the first & second wife of her husband) want their share in the property saying that this property was purchased with the help of their Grandfather. Though they dont have any proof regarding this. Initially That property was purchsed in the name of my g.Mother, not grandfather. Can they claim like this? is there any relief for us so that they may not get stay on this property?


 4 Replies

Tajobsindia (Senior Partner )     02 November 2012

1. Stepsons as in grandsons have equal share in such property along with other heirs.


Tara Edwards   08 June 2020

Most of the time we haven't any kind of authority to making will. If you want to do it then you have to start to take an action on it and after for this whole custom coursework writing. I am here only to check and provide all the authority manner which make will for you.

Virtual Legal Assistant (.)     10 June 2020

Hello Sir/Maam,

In my opinion, grandchildren of your grandfather being the legal heir of your grandmother will have the right to claim an equal share in the said property.
As per the Hindu Marriage Act, illegitimate children are entitled to all the rights in the property of their parents, both self-acquired and ancestral.

Hope this helps.


Rohan Gupta

1 Like


When there is a will, the property of the deceased should be transferred accordingly. In the given case, as there is a registered will, the value of the will increases in the eyes of law. The property goes to the real son according to the will of your grandmother. And now that property is transferred in the name of your father, step sons won't have any right on that property. 

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