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Anil (Asst Manager)     24 November 2014

First wife daughter

Sir/Madam,

 

MY mom is the only daughter for the first wife of my grandfather. he also has a second wife with whom he has three children, twos and a daugher.

my grandfather has written a will and died about 10 yrs ago. he has given two sites for my mother and all the rest of the properties to the two sons from his second marriage.

pls advise if my grandafther can write a will and does it stand good if the property is self acquired or is he eligible to write a will if they are joint family property

my mom is 60 yrs old and is she is any way eligible for a equal share. both my grandfather and his first wife have died.



Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 November 2014

Dear, Has your grandfather married during the lifetime of his first wife or thereafter? Please call and,discuss..... Kapil,chandna adv, 9899911450

Anil (Asst Manager)     25 November 2014

Yes sir. first wife was alive when my grandfather got his second marriage done.

T. Kalaiselvan, Advocate (Advocate)     25 November 2014

The question is not about his second marriage.  It is about the validity of the Will executed by the grandfather in favor of your mom.  Yes it is very much valid if your grandfather had a perfect title to the property bequeathed in his will in favor of the beneficiaries mentioned in the Will.  The joint family property is the one belonging to the coparceners, in that your grandfather can bequeath only his share of properties to the beneficiaries.

Anil (Asst Manager)     25 November 2014

thanks for your response.

few more questions.

the properties are actually joint family properties which my grandfather has bought along with his brother.

in his will he has executed one property to his second wife sons, which is actually been told by the sons as bought from their uncle. considering this how can my grandfather execute a will which is not owned by him. considering he has written a property which is not been owned by him, would the will be valid.

my grandfathers children ( second wife sons) and his brothers sons have executed sale of properties between each other just to avoid showing partition between the brothers ( my grandafther and his brother)

considrirng my mom being first wife daughet, does she not have a equal share in the property


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