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Person in whose favor Will was made died. Where does the Will stand?


14-Mar-2023 (In Wills / Trusts Law)

My grandfather made a Will in favor of my grandmother but after few years my grandmother passed away but my grandfather still alive.

What is the standing of the old Will?

And also that can now my father’s sisters ask for share in the property?

We are poor, can we get to keep the property?

Answers (1)

Answer #1
359 votes

Is the property ancestral or self acquired by your grandfather?

Assuming you are Hindus and the property is ancestral,

Initially I would like to know that, if any Will was drafted after the death of the grandmother?

If no Will was drafted then, the property being ancestral property it will be divided as per the Succession Act. And your father’s sister will have equal share in the property as per the law.

If any Will was drafted after the death of your grandmother then, the property will be divested as per the new Will.

Now regarding your query,

After the death of the grandmother, the old Will has no standing and will no longer be valid.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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