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AAAAA (AAAAA)     07 June 2013

Rights to my grandfather's asset

Hi,

My grand father has 4 sons and he as per his will in the 60s,

  1. Has given life rights to his sons & after death of all the sons,
  2. Has given the disposal rights to the only grand sons through the 4 sons
  3. In the 70s all his daughters were married
  4. Now all the sons are dead, 1 died in the 90s and 3 died after 2005
  5. The one that died in the 90s, is survived by a son and a daughter (2 in total). Will the daughter of this son be entitled to a share in the property.
  6. Of the 3 sons that died after the 2005 amendment  act, two sons are survived by 2 sons and a daughter (3 each) and one son is survived by two daughters.
  7. In total the 4 sons of the man who wrote the will are survived by three widows, 10 children (5 grand sons and 5 grand daughters of the person who wrote the will)

Question 1: Bolded from point 5, Will the daughter of this son be entitled to a share in the property.
Question 2: Will the wifes of the dead sons have any rights to the property
Question 3: How many shares will the property be divided into, if we split the property now?



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 June 2013

It would all depend upon the exact wordings of the will. The will has to be read carefully and interpreted accordingly. If full ownership is given to grandsons only then, other cannot claim anything.


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