Will made by grandmother on grandson for grandfather's property

537 votes

Hi. Based on the narrow conspectus of facts shared by you, it is advisable that you claim your share in terms of the Will. A Will cannot be declared invalid just like that, there is a process in law to challenge the same.

Advocate Shreyans Singhvi LawRato

753 votes

If your grandmother is still alive you cannot enforce the will as "will" being a testamentary document will only come into operation after the death of your grandmother. Moreover if the property was a self acquired property of the grandfather and he had made a will in favour of his wife i.e. your grandmother she has now after your grandfather's death has become the sole owner of the property and it is your grandmother's prerogative now as to how she wishes to dispose of the property and your uncle cannot claim any right in the property unless he challenges the will of your grandfather in a court of law. As of now both wills are valid will and that you will inherit half of the undivided share in the property after the death of your grandmother and the other half will be distributed amongs all the legal heirs of your grandmother equally unless she has mentioned in her will as to how the other half will be distributed.

Advocate Mayank Soni LawRato

696 votes

yes, the will appears to be valid because the property was a self acquired one by your grandfather and only he had interest in that and not the other coparceners (family members). Because only your grandfather had right over the property he could have given the property to anybody (including any stranger) and in the present case, he chose to give the property to your grandmother. After the transfer of the property to your grandmother, only she had valid interest and right in the property and she exercised her discretion to transfer half share to you by way of a will which appears to be perfectly valid.

The law says that one can't give better title to another than what one himself has, meaning, that only what you have you can transfer it to another and what does not belong to you, you can't transfer it to another.

Here, it appears that your grandmother had good title over the property and therefore, her will for transferring half of the property to you appears to be valid.

your uncle's claim that that you do not have a valid will & property will be distributed equally in every son & daughter of my grandmother appears to be illegitimate.

Advocate Divyanshu Srivastava LawRato

695 votes

Yes the will is valid as per Indian Succession Act all you have to do is to get the will probated from the competent court of law having proper jurisdiction over the said property.... for more you can contact me.

Advocate Akshat Chaitanya LawRato