My grandfather has 2 sons, a daughter and his wife. Eldest son is no more but he has a wife and 2 kids. Youngest Son has no family. Daughter has 2 Sons. My grandfather is no more but he has written the property in the name of his 2 sons, his wife and his daughter. My question is, are the grandsons and grand daughter eligible for a share?
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You mean to say grandfather executed will in favour of 2 sons , daughter and wife
2) when did eldest son die..?
3) did he predecease grand father .?
4) is there residuary clause in will ?
5)it is necessary to peruse will to advice
6) if eldest son died after grandfather his one fourth share will devolve on his wife and 2 kids
If this was the self-acquired property of your grandfather, in that case NO. Grandsons and granddaughters have no right in the self acquired property of the grand father.
1. If the eldest son was alive as on the date on which the will was made then his share has devolved on his widow and children after his demise.
2. During the lifetime of daughter her children have no share in the properties of their maternal grandfather.
If the property is ancestrol property then the grand son and grand daughter are eligible for the property.
Regards
The property that belonged to your grandfather is his own and absolute property in which he only has full rights to dispose the same in the manner and mode he may desire and decide and in anyone's favor.
Nobody, including his wife or children can prevail upon him to get their share in the property as a right.
If the immediate next generation people themselves are not entitled to any share in the property legally, there is no question of the grandchildren claiming any share in the property as a legal right.
Therefore you or any grandchildren do not have any rights in your grandfather's property directly.
