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Does my grandmother has right to write the will on inherited property?
21-Dec-2023 (In Property Law)
My grandfather has 3 sons(1 Son died) and 3 daughter. My grandfather have a home 50x20 sq ft , and he passed away in 1984. Later that home came to grandmother name (As a wife of my grandfather not with any will). My grandmother in 2001 she made a will to the elder son (who died) and younger son . Recently she passed away. Does my grandmother has right to write the will on inherited(from grandfather) property? Can I challenge this in court?
In case your grandfather did not write a Will, how come the whole house will go to your grandmother. She was one of the legal heirs and the remaining heirs were your father and his brothers/sisters (if any). you please show the complete papers to reach at the conclusions.
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Adv. Pradeep Mathur
Delhi | 25+ Answers
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The wife is only one of the legal heirs. On demise of the grandfather, the property devolved upon his wife and kids in equal proportions. Hence, the Grandmother had not right to execute a will for the entire property. Hence, you can challenge it.
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Adv. Avneesh Garg
Delhi | 200+ Answers
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Hi
First of all after the death of your grand father,his property was laible to b e evided in equall shares to all class I legal heirs and your Grand Mother could not have become "owner" .She would have inherited only one share along with her sons and daughters( i.e your father,uncles and buas).
As she was not the owner of the whole of the property, she could have made the Will in respect the share of the property inherited by her and not of whole of the property. You can claim partition of the property and in the same suit,challenge the Will as well.
First of all after the death of your grand father,his property was laible to b e evided in equall shares to all class I legal heirs and your Grand Mother could not have become "owner" .She would have inherited only one share along with her sons and daughters( i.e your father,uncles and buas).
As she was not the owner of the whole of the property, she could have made the Will in respect the share of the property inherited by her and not of whole of the property. You can claim partition of the property and in the same suit,challenge the Will as well.
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Adv. Pravin Sharma
Delhi | 100+ Answers
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