Legal Implications of Will Modification After the Passing of a Testator Legal Implications of Will Modification After the Passing of a Testator

1 month ago

After my grandfather passed away, his will stipulated that his property would be given to his wife, my grandmother. Upon her passing, the property would be divided into three parts, among my two uncles and myself as grandchildren, rather than my father. Now that my grandfather has passed and the property has been transferred to my grandmother, is it possible for her to alter my grandfather's will and allocate the property to my uncle or my father instead of me?

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Any alteration or modification in a WILL after the demise of the Testor of the will is impermissible and unenforceable under the law. In the case of testamentary succession, the wishes of the testator will prevail. Therefore, until and unless a will becomes enforceable through probate, the beneficiary as per the will is not considered an owner of the property and cannot dispose of the property to other legal heirs. Probate is a court-certified copy of the will. Once the probate of the will is done, the beneficiary will have to visit the office of the sub-registrar concerned with the relevant documents to get the property transferred in her name. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 month ago

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A.Dear Client,

It appears that the property in question belonged to your grandfather and was disposed of according to the terms outlined in the Will. As a result, your grandmother would likely have had only a life interest in the property, allowing her to enjoy its benefits during her lifetime. Generally, individuals with life interests in properties are not permitted to alter the terms and conditions specified in the Will.

To obtain a more accurate understanding of the legal implications in your specific case, it is advisable to consult with a legal professional. They can review the details of the Will, assess the property's disposition, and provide guidance on any potential legal actions or resolutions available to you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
It seems it was the property of your grandfather and it was disposed of by way of terms mentioned in the Will. As such your grandmother was having only life interest to enjoy the properties and cannot alter the terms and conditions of the Will.
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