Property inheritance Property inheritance

3 years ago

My grandfather wrote a will for his own house property. The will states that the property should only go to the unborn male grandson(His son's unborn male child). Can the grand daughters have rights to claim the same property?

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
It is his self acquired property. Grand daughters have know right in property as per the Will.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.This is classic example of google medicine.
the WILL is invalid. Registrar wont register such WILL so its not registered also.
If grandfather is still alive then approach a lawyer for proper WILL.
If he is not alive then all heirs will get their share.
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Anish Palkar

Responded 3 years ago

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A.Yes. Grand daughters have rights to claim the same property as such a conditional WILL is invalid for the person who is not born.
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Anik

Responded 3 years ago

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A.Hi.
There are two questions that need to be answered based on the minimal information available from the facts stated by you.
First and foremost, is he alive? if he is still alive, he has the ability to alter his will. Second, if he is not alive, the will becomes effective upon the testator's death and admission to probate. As a consequence, the terms are set as final and cannot be altered or modified. As a result, the granddaughters have no legal claim over the same property.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi.

From the limited facts there are two questions which needs to be addressed.
Firstly if he is alive, he can make changes in his own will. Secondly if he is not alive then the will is operative upon the death of the testator and its admission to probate. As a result of which its terms are final and cannot be amended or changed. Therefore the grand daughters cannot have the right to claim over the same.
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