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BDA property through WILL - WILL owner deceased


14-Mar-2023 (In Property Law)

My Grandmother has 2 children - My father and his brother (who dies long back), My Grandma made a WILL in the name of 1 grand child, without consent of my father and other 3 grand children. WILL owner (my cousin) executed this WILL after my grandma death and registered property in his name. He also died in accident. Can my father own a share now on this property. Deceased my cousin brother has wife and kid. She wants the entire property and not ready to share with any one. BDA property has been bought by grandma by selling the ancestral property 25 years back. Please suggest in this regard.

Answers (2)

Answer #1
903 votes
Will can be executed by the beneficiary (one grand child) after the death of testator (grandma). If the beneciary dies during the life time of testator, then the WILL becomes non-executable one and can not be enforced by the heirs of the beneficiary after the death of testator for the simple reason that no property can be bequethed on a dead person (who cannot give effect to will). Further, property must be self acquired property for the purpose of WILL. If it is established that Grandma has purchased the BDA proeprty by selling ancestral property then she cannot make WILL inrespect of that property as it is not self acquired.
Answer #2
569 votes
Will can be challenged before the court of law. We need to see the documents to give an opinion for filing the case. If the property was purchased by selling ancestral property, your father get a share.

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