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Grandmother made a will in his name others asking their share too


27-Nov-2023 (In Wills / Trusts Law)
Sir/ madam meri mother ki mother ne Will ki property mere nam ki ab mere bhai or mere massi ke ladake use property me part mang rahe hai par mere nani ka khayal mene rakha tha ab main kya karu.
Answers (2)

Answer #1
509 votes
If the property comes to you by the way of WILL, then you are the only the claimant by testamentary succession.
Still if you have any doubt or require any legal advice please contact through LawRato.

Rules governing transfer of property through Will
Making a Will helps ensure one's property devolves as wished and the right heirs receive their fair shares. Under the Indian Succession Act 1925, a Will is a legal declaration of the intention of the testator, with respect to his property which he desires to be carried into effect after his death.

After the death of a person, his property devolves in two ways - according to his Will i.e. testamentary, or according to the respective laws of succession, when no Will is made. In case an individual dies intestate (no Will is made), the laws of succession will apply.
A Will is a legal declaration. Certain formalities must be complied with in order to make a valid Will. It must be signed and attested , as required by law.
A Will is intended to dispose off property. There must be some property which is being given to others after the death of the testator.
A Will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator . It has no effect during the lifetime of the testator.

A testator can change his Will, at any time, in any manner he deems fit. Every person of sound mind, and not a minor, can make a Will. If a person is of unsound mind at the time of making a Will, the Will is not enforceable.

A Will, obtained by force, coercion or undue influence , is a void Will as it takes away the free agency of the person. A Will, made under influence of intoxication or in such a state of body or mind, sufficient to take away free agency of the testator, is void.

A Will can be made at any time in the life of a person. There is no restriction on how many times a Will can be made by a testator. However, only the last Will made before his death is enforceable. A Will has to be executed by the testator, by signing or affixing his thumb impression on it. It should be attested by two or more witnesses, each of whom should have seen the testator signing the Will.
Answer #2
941 votes
whether the property which your Nani has given you in her WILL was her property or was your Nana's property. If it was your Nani's property and she have given away to you in her WILL then no one can claim rights over that property. Further you need to transfer the ownership of that property in the WILL in your name by obtaining Probate from the Court

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