• Does grandmother have the right to write a will on grandfather's property

Hi,

My grandfather has 4 sons(1 Son died) and 1 daughter.

My grandfather bought 4 acres land in 1963 and he passed away in 2004. 

Later that land came to grandmother name (As a wife of my grandfather not with any will).  

My grandmother in 2008 she made a will to the younger son(2 acres) and grand daughter(Daughter's daughter)(2 acres). Recently she passed away. 

Does my grandmother has right to write the will on inherited(from grandfather) property? Can I challenge this in court?

Thanks,
Hanumantha Rao
Asked in Property Law from Khammam, Telangana
Religion: Hindu
1. On the demise of your grandfather your grandmother and all her children inherited equally his property as he did not write a will.

2. Your grandmother did not have a share greater than the individual shares of all her children. So she could not have written a will of the entire property.

3. Her will can be challenged in the court by the sons who have been left out of the will or by their legal heirs.
Ashish Davessar
Advocate, Jaipur
19897 Answers
520 Consultations

5.0 on 5.0

1) on your grand father demise your grand mother and the children were legal heirs . 

2) you have not mentioned how was land transferred in grand mother name did other legal heirs execute relinquishment deed 

3) if no such document executed your grand mother could bequeath only her 1/6th share  of land 

4) the share of predeceased son would devolve on his legal heirs 

5) you can file suit for partition to claim your share in the land . 
Ajay Sethi
Advocate, Mumbai
28494 Answers
1547 Consultations

5.0 on 5.0

The grandmother has the right to will away the property which came to her share as the husband died intestate. On the death of the husband all the children and the mother inherited equally. Hence if tshe has willed away all the property then the will can be challenged and a partition suit is to be filed by yoi seeking your share.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations

5.0 on 5.0

Your grandmother is one of the legal heirs to her husband, she will be entitled to one equal share in the property along with other  legal heirs to the intestate property. She can execute a Will bequeathing  only her share in the undivided property to any one of her choice.  She cannot execute a will bequeathing the entire share of property in any one's favor as she has not valid title to the entire property. 
the legal heirs to this intestate property  besides your grandmother will be your mother (or father) and his(her) brothers and sisters.  Therefore those legal heirs are entitled to a share in the intestate property, only anyone of the affected person(s) can file a suit seeking partition and separate possession.
You will be entitled to a share in the share of your father (or mother) who died intestate. 
T Kalaiselvan
Advocate, Vellore
18711 Answers
176 Consultations

5.0 on 5.0

1. After the demise of your grandfather, interstate, his property will be jointly owned by all his sons and daughters and also wife,

2. So, your grandmother inherited 1/6th of the property of her deceased husband,

3. She can gift and deal with her 1/6th share of the said property in any way she wants and not for the entire property of your deceased grandfather,

4. You can certainly challenge the said will,

5. Since the question of will shall come to fore after her death, it will be prudent on your part to file a partition suit claiming your share of your grandfather (through your father),

6. If your father is alive, he should file the said partition suit.
Krishna Kishore Ganguly
Advocate, Kolkata
13929 Answers
309 Consultations

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