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Subrahmanyam (Supervisor)     26 May 2012

Share of daughters on willed property

 

Sir,

a) My grand father has got 03 sons and 05 daughters. 

b) My grand father's uncle has written a Will in 1935, in which he bequeathed some extent of his property to his daughter with full rights and some extent with restricted / life estate. 

c) My grand father's uncle made it clear in his Will that after his daughter's death  the extent which has been given to her with life estate would devolve to my grand father's family. My grand father's uncle died in 1940.

d) My grand father has written a Will in 1985, in which he mentioned that the rights on the above property would devolve to his 03 sons only. My grand father died in the year 2001.

e) My grand father's uncle's daughter died in the year 2010.

With the above detailed history i have some queries:

1. The Will executed by my grand father in the year 1985 is valid or not? as the property has not devolved our family in his life time (he died in 2001, whereas My grand father's uncle's daughter died in the year 2010).

2. My grand father has got any right to execute a will on the above property  to his sons only, which would devolve to his family only after his cousin sister's death.

3. If the Will is valid then who are all having the right?

4.  If the Will is not valid then who are all having the right?

 

I request your kind advice.



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 May 2012

Dear Querist, 

In light of the facts I opine :-

Grandfather's uncle's Daughter had a life interest only - and on her death the property reverts back to the reviersioners as per her father's will - the family of your grandfather - and in absence of stipulation to the contrary equally by all the branches. Grandfather's will is non est and is of no effect. 

 

 

Subrahmanyam (Supervisor)     27 May 2012

Sir,

Thank you very much for your valuable openion.

You mean to say that Grand father's Will is not valid and all the family members (both Sons & Daughters of my grand father) are equally righful owners. 

I hope i understood correctly.

 

Regards

Subrahmanyam

 

 


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