Advocate S.K.Prabhakar Shetty practices at City Civil Court Bangalore, Karnataka High Court, Karnata... Read More
Right to make Will over inherited property
My grandfather has 3 sons(1 Son died) and 3 daughter and he passed away in 1984. Later that home came to grandmother name (As a wife of my grandfather not with any will). My grandmother in 2001 she made a will to the elder son (who died) and younger son . Recently she passed away. Does my grandmother has right to write the will on inherited(from grandfather) property? Can I challenge this in court?
- Sector-1, Noida
First of all after the death of your grand father,his property was laible to b e evided in equall shares to all class I legal heirs and your Grand Mother could not have become "owner" .She would have inherited only one share along with her sons and daughters( i.e your father,uncles and buas). As she was not the owner of the whole of the property, she could have made the Will in respect the share of the property inherited by her and not of whole of the property. You can claim partition of the property and in the same suit,challenge the Will as well.
Answered on 28 Sep 2018
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