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Regarding validity of will (Beneficiary died before the testator)


28-May-2023 (In Property Law)
1. Person X executed a WILL in 2013 and in the said WILL he divided his property into his 3 sons, namely A, B & C and declared that after his death the property will be transferred to his 3 sons according to the WILL. Now the situation is that his one of the sons, namely A died before X (testator). My question is whether the legal heir of A' entitled to the said property as per the said WILL? Late 'A' has a wife and a minor son. 2. What steps should be taken by the legal heirs of A? 3. Other sons of X, that are B & C are getting greedy for that share of A.
Answers (2)

Answer #1
791 votes
The legal heir of A will step into the shoes of the A and they can claim together 1/3rd share in the property of X. You can go ahead and file a suit for partition before the proper Court depending upon the value of the Court.
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Answer #2
834 votes
According, the will 'A' has become the real owner of the divided property. Further, Wife has legal right on the said property after the death of her husband. Wife of 'A' will take appropriate action than minor son.
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