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Transfer of property to be received by late grandfather as per will


19-Jan-2023 (In Property Law)
My great grandfather has a handwritten will on which he has mentioned that the property belong to brother of my grandfather ( grandfather brother is mentally retarded ).As a caretaker , after his brother the property will belong to my grandfather. Now the situation is that my grandfather is no more but his brother is alive. Now what action we can take to transfer the property in the name of my father.
Answers (3)

Answer #1
731 votes
Your grand father comes in picture only when his brother no more remains, Now the situation vests fully with his brother. If he has no heirs then after his death will come to your father as per succession and not through will.
Answer #2
669 votes
Your father can act in the capacity of a caretaker till the brother of your grandfather is alive.

After the brother of your grandfather passes away, and if there is no legal heir left except your father, then only your father can get the property transferred in his name.

Original purpose of the will created by your grandfather was to provide lifetime maintenance to his brother out of his property. His intentions should be honoured at all costs.
Answer #3
600 votes
If property was parental property then will will be not effective and share of property should be distributed among legal heirs after death of grandfather and your father can file a civil case for declaration and permanent injunction.

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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