• Can married grand daughter has rights in property

My father gets the property from my grandfather by registered will than he make a will and divide equal share in 3 brothers, unfortunately my big brother and Bhabhi died.my father is alive and my brother's daughter asking for share is it compulsory to give her or it depends on my father wish
Asked 8 years ago in Family Law
Religion: Hindu

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10 Answers

Your father is at liberty to revoke the will

2) during father lifetime his grand daughter does not have any share in property

3) it is your father wish whether he wants to give a t share in property to grand daughter or not

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Your father is at liberty to bequeath property to whom sever he pleases

Grand daughter cannot claim share during your father lifetime

If your father dies intestate she would inherit her father share in property

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

1. Since your father got this property from your grandfather by virtue of a registered WILL, the property in your father's hands is your father's Self acquired property.

2. Being the absolute owner of self acquired property, it is the prerogative of your father to take any decision regarding his property and to bequeath the property to anybody of his choice, including his 3 Sons.

3. As per your narration, your elder brother & his wife are deceased leaving behind a married daughter and to whom the entitlement of her deceased father's share bequeathed by her grandfather belongs, after your father's lifetime.

4. Since your father is alive it is left to his sweet will and wish to give the property to anyone, including his married grand daughter.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

In this case the share that was with your brother who died will go to his legal heirs as the inherited property once divided becomes the property of the person to whom it has been given, therefore your father has no right to divide it as per his wish.

Their will be no difference to the aforementioned legal position even if the daughter is married.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

since your father is alive he can revoke the will

2) will takes effect only on death of the testator

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

Once the share in the ancestral property is given then it can not be taken back

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Yes, the 'WILL' shall take effect after the testator's death.

2. Being the absolute owner of a self acquired property, your father can give the property to anybody, i.,e.,Philanthropic institutions, Old age homes, including his children and grand children during his lifetime.

3. As long as your father is alive, he can change, alter, amend or write a fresh 'WILL" and also change the beneficiaries of the 'WILL' and the last 'WILL' before his death shall only be considered.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

The property was transferred by testamentary disposition. it means that the property can be acquired by the beneficiaries after the lifetime of the testator.

The father, who is the absolute owner of the property can cancel his will anytime before his death and can write a fresh will or execute a settlement or gift deed in favor of anyone of his choice,

The daughter of the deceased brother has no rights in the property during the lifetime of her grandfather.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

Sir she is married also

She is not entitled to any share in the property as a right even if she remains unmarried.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

My father made only will that will effective after his death and he is still alive

Hr can change his will even now otherwise it will create problem again after his death.

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

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