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Ravi (Manager)     06 August 2014

Legal heir to heriditary land

Hi,

I would like some advise/clarification on a land dispute matter.

the scenario is as follows:-

1. The grandfather has purchased the land.

2. Upon his death, land was distributed according to his will.

3. One son died soon after grandfathers death.(Dad A)

4.Dad A has written a will to pass all assets to his second wife, including land received from grandfather.

5. Dad A has a son from first marriage who is claiming this land through natural lineage.

 

i have been advised that the will advising all assets to step wife has no value in this scenario as the land was purchased by the grandfather and not by Dad A and hence the son will automatically get all land. 

 

Can you plead advise if this is true and correct. And provide the clause to support your argument please.

 

many thanks in advance.

 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     07 August 2014

The property acquired by dad A through a Will and the property seems to have been purchased by his father, will become dad A's own property and it has got no ancestral lineage. Therefore the property disposed by dad A as per his desire to his second wife  is valid and the son from first wife or anyone do not have any right over the property. so disposed.


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