• Co-beneficiary died before testator of will

One of the primary co-beneficiary died before the testator. Will the remaining primary co-beneficiary become the sole beneficiary ? There are no secondary, contingent or residual beneficiaries. Can the legal heirs of the deceased primary co-beneficiary claim any benefit ?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the Will that the testator intended that it should go to some other person.

2)section 105 of indian succession act provides that if legatee does not survive the testator the legacy lapses

3) co beneficiary would become the sole beneficiary

4) legal heirs of primary beneficiary cannot claim any benefits

Ajay Sethi
Advocate, Mumbai
95205 Answers
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1)it is advisable to register GPA to give premises on lease / leave and licence

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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1. if the beneficiary of the Will dies beofre the succession opens then the another beneficiary takes the whole benefit.

2. The legal heirs of the died beneficiary can not claim any right from the said Will.

Devajyoti Barman
Advocate, Kolkata
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498 Consultations

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A Will does not involve any transfer, nor affect any transfer inter-vivos, but it is an expression of intending to appoint a person who will look after the properties after his (Testator) death. A Will regulates the succession and provides for succession as declared by the testator.

is the copy of the will which is given to the executor together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved. The application for probate shall be made by petition along with copy of last Will and testament of the deceased to the court of competent jurisdiction. The copy of the will and grant of administration of the testator’s estate together, form the probate. It is conclusive evidence of the validity and due execution of the will and of the testamentary capacity of the testator. A probate is obtained to authenticate the validity of the will and it is the only proper evidence of the executor’s appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off which did belong to the testator and over which he had a disposing power with a grant of administration to the estate of the testator.

T Kalaiselvan
Advocate, Vellore
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