• Inheritance of grandson whose deceased father not part of will

Hello, 

My grandfather had 24 acres of land in Amritsar, upon death the entire land was transferred to my grandmother. They have 4 children.

Son A, B, C (my father) and D.

Son B died before my grandmother and Son D was disowned. 
So when my grandmother died in 2004 her will stated land should go equally to sons A and C. Son C who is my father has willed his share to me his sole daughter in case anything happens to him.
Now the son of son B, which is the grandson wants to contest the will and fight for a share. If his father and he was never part of grandmother's will can he still contest? 

Please help.

Thank you.
Asked 4 years ago in Property Law
Religion: Sikh

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Did grand father execute will in favour of grand mother ?

2) how was property transferred in name of grand mother

3) did 4 sons relinquish or gift shares in favour of grand mother

4) if not then grand mother could only bequeath her one fifth share in property

5) B son would have share in property

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that the property was transferred in your grand mother’s name.

Secondly, when any property which is coming by a female to her children then that the property so coming would be treated as self property of the person to whom is has been coming.

Thirdly, now, even if he wants to contest the same then also he can’t as per lake of limitation.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

grandson don't have any birthright to claim on grandmother’s property.

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

See on death of the grand father if there was no will then in that case all sons along grand mother has equal share in that condition only grandmother can will her share only so in that condition he can contest and take share of his father that is 1/5. Further even son is disowned he has right of property there is nothing as disowning in hindu religion. So the son of B and D also has share,

Further in case there was will from grandfather for grand mother then in that case the son of B has no right

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No if the property was given to grandmother through will and later distributed or partitioned by her with will then in that case B and D has no share and no suit or challenge is maintainable, also the challenge on the validity of the will that is also registered so that is also not maintainable as such.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

I presume grand father executed gift deed in favour of grand mother or bequeathed her property by his will

2) if so then only grand mother would be absolute owner of property

3) grand mother can bequeath property to her 2 sons A and C

4) grand children ie sons of B and C would not have share in property as per grand mother will

5) they can challenge grand mother will on grounds that grand mother was not of sound mind at time of execution of will or on grounds of undue influence

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

It is not clear whether your grand father during his lifetime gifted this property to his wife or not.

If not then on his death his property gets devolved upon his 4 sons or on their children in equal undivided share.

In that event your grand mother can not pick and choose among the legal heirs and Will her property to any of her children.

So sons of B and D having undivided 1/4th share in the ancestral property can very well contest the Will and claim their share through a suit for partition.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. If your grandfather had made a bequest in favour of your grandmother then she became the absolute owner of the property.

2. Your grandmother had willed her property to sons A and C and subsequently your father (C) made a will in your favour.

3. The will made by your father in your favour will come into operation after his lifetime.

4. A will can be challenged only on two substantive grounds i.e lack of competence of the testator to make a bequest, and/or that the will in question was executed without free consent of the testator. Both these grounds have to proved by the person who assails the will. If the will made by your grandmother is silent on why the sons B an D and also their legal heirs have been excluded from succession then it is a circumstance which shrouds the will in suspicion. Absence of reasoning as to why a testator has been excluded from succession altogether or has been given peanuts as compared to lion's share to another legal heir is often seen by the courts as a suspicious circumstance to vitiate the will.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. as there is a challenge to the grandmother's Will, A and C will first have to prove the Will of their mother - that it was validly executed by her in a sound and disposing state of mind and in presence of 2 witnesses

2. once that is proved the onus will be on the grandson to prove that the Will was not validly made

3. if the Will is disproved then the property will be distributed as per intestate succession to the children of grandmother including the children of any predeceased child

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

Hello,

No he can not contest the same but may file a false case and challenge the validity of the will.

You may contest the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

As told they may challenge the validity of the will in order to create problem.

It is better that you sell of the property before the file the case.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1) Need to know the property belongs self owned property or ancestral property ?

2) If it is self owned property of your grandfather than no need to give any share to B and sons.

3) If it is ancestral property then B and sons has rights in the property and WILL made by grandmother her share only will get distributed among A and C. In that grandmother share will be 1/4th.

For further details can contact me.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. You can not stop the son of B in contesting the will and it is natural that he will try to carve some share out of the said porioperty.

2.If your gand mother was the title holder of the said property and If the genuineness of the will can be proved by you, the the said property will be owned by the legal heirs of A & C only as mentioned in the will after probate of the will is granted by the Court.

3. In the instant case, your father's 50% share of the said proiperty will be owned by yourself based on his will.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Your grandmother has not died intestate and she had executed a will clearly mentioning who will inherit or to whom her said property will be bequesthed and at what proportion.

2. The sons of B & D will have no legal leg to stand if the claim any share of the said willed property.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Even if his father or he were are not part of the will, they can challenge the will on Grounds of coercion and that the will was obtained when your grandmother was not in a state to make her own decision or was suffering from any mental disorders.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Son of B and d can still challenge the will, despite of the fact that was not part of the will but you should contest the case if the Will in question was made under free will by your grandmother in good mental state.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Now the son of son B, which is the grandson wants to contest the will and fight for a share. If his father and he was never part of grandmother's will can he still contest

Firstly, the grandmother is not the only legal heir to the deceased grandfather who is reported to have died intestate.

Therefore the acquisition of entire property by the grandmother is invalid and illegal.

She was entitled to only one fifth share in the property, left behind by her deceased husband.

Hence she can bequeath only her share of property in favor of her chosen beneficiaries.

The legal heirs of the deceased son B are entitled to inherit the legitimate share of deceased B in the grandfather's property, hence the litigation if contested may not be successful.

Better arrive at an amicable settlement/solution instead of stretching the unnecessary legal battle.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

My grandmother was given 100% of property through my grandfather, and this property she later divided between sons A and C as 50-50, so my father has willed his share to me. Sons B and D are no where mentioned in grandfather or grandmother's will. So can the son of B and D still stake a claim if they were never part of the will?

How did the grandmother acquire the property from her deceased husband?

By a will?

or

By a settlement deed executed by the deceased grandfather during his lifetime?

If she had acquired the property just like that without any such deed as mentioned above, in her favor, then her Will may not be valid as per law.

therefore the legal heirs of deceased B and also so called disowned son D are all entitled to their legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer