• What if the beneficiary dies before execution of will

My grandfather had made a will in favour of my uncle by registered will on the date 27 Jan 2013.there is no objection regarding the true signatures in the will. My uncle died on 8th Sept 2017 and he has two legal class 1 heir. My grandfather died on 11th Jan 2018 that is after my uncle's death. Will has not been executed till date.
So my questions are as follows
1. is the will valid as of the beneficiary is died before the execution of the will?
2. how can I get the share in that property as my father has died on 20th January 2020.
3. Is there any way to challenge the mentioned will, as my grandfather promised that we all brothers will have an equal share in that property, but now all of a sudden we came to know about the same.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

- A last WILL and testament is a legal document that communicates a person's final wishes pertaining to possessions and dependents. 

- Further, A WILL becomes enforceable only after the death of the testator , and it has no effect during the lifetime of the testator. 

1. No, this WILL has lost its legal entity , and lapsed due to the death of beneficiary before the testator of the WILL.

- After the death of grandfather , his all legal heirs including your father is having equal share into the same.

2. After the death of your father, you being legal heir , can claim a share in the property /assets left by your grandfather. 

3. Ask your fathers share , and on refusal , you should issue a legal notice for getting the same . 

- Finally , if refused by other legal heirs of your grandfather , then you can file a partition suit before the court.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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) on your grand father death your father and uncle family would inherit his property 

 

4) your father share would devolve on your mother , you and your siblings equally 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No, the WILL is not valid as beneficiary is died and execution did not took place. here you grand father has to make to new WILL. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1.No it will be valid only for other beneficiaries if any otherwise it will be ineffective. 

2.You need to seek for partition or succession certificate for the same

3. If it's invalid you can challenge it. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If the legatee dies before the testator then the bequest made in such Will to the legatee lapses

The bequest of the property so made which has lapsed as above would form part of the residuary estate if there is a residuary clause or if such clause is absent then it will devolve on the legal heirs of the deceased as per intestate succession 

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Hi

1. Yes the will is still valid.

2. As there are legal hires present for the share of beneficiary of the will. They will get it. What is your claim on the property. 

Is there anything related to you or your father in the will?

Plz elaborate. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. There will be no benefit from will to beneficiary or his legal heirs if beneficiary died before testator and no condition of legal heirs is there in will. The property shall be distributed as per intestate succession.

2. You can file a partition suit for same for your share in the property.

3 See in your case will need to be carefully perused after same suggestions can be made.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Even if the beneficiary died before the execution of the build the legal heirs will be able to execute that will and trim their right on the property so in this case there is no problem the first class legal heirs can execute this will in their favour.

the death of testator has nothing to do with the will execution so the death of your grandfather has no effect on will.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. If a beneficiary dies between the point when the Will was made and the death of the testator, under this scenario the beneficiary's estate will usually have no benefit from the Will. If the beneficiary has died before the testator, the benefit is said to have lapsed, although there are exceptions to this rule.

Section 105 in The Indian Succession Act, 1925


105. In what case legacy lapses.—

(1) 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) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator. Illustrations

(i) The testator bequeaths to B “500 rupees which B owes me”. B dies before the testator; the legacy lapses.

(ii) A bequest is made to A and his children. A dies before the testator, or happens to be dead when the Will is made. The legacy to A and his children lapses.

(iii) A legacy is given to A, and, in case of his dying before the testator, to B. A dies before the testator. The legacy goes to B.

(iv) A sum of money is bequeathed to A for life, and after his death to B. A dies in the life time of the testator; B survives the testator. The bequest to B takes effect.

 

2. As per law  since the Will becomes inoperative due to the death of the beneficiary who is reported to have died before the testator, i.e., uncle died before the death of your grandfather, this property shall be included into the other properties of your grandfather who is reported to have died intestate.

Hence your father as  one of the legal heirs to your deceased grandfather, is entitled to his legitimate share in the property left behind by  your grandfather.

3. The Will produced now is not enforceable for the said reasons. Hence there is nothing to challenge the same.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. IF Grand Father (GF) was alive AFTER death of Uncle (will beneficiary), THEN GF becomes liable to change the will, more so specifically since a Will "legally" CANNOT be in favor of a deceased person.  Hence the GF is legally infructuous and is not enforceable in a court of law or for any legal purposes and hence there is question to challenge the said Will.

2. By virtue of above, "ALL" the residual legal heirs have become entitled to EQUAL share in the property of GF.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Will is effective after testator death and due to demise of beneficiary before grand father/testator, legacy cannot take effect.

Now on grand father`s death, his properties will inherit in his children. Deceased child share will inherit in his wife and children. You will get your father share.

Will is already ineffective due uncle prior death. Have to file partition suit if no mutual partition possible.  

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

if a beneficiary dies between the point when the will was made and the death of the testator,under the scenario the beneficiary estate will usually have no benefits from the will.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Yes will is valid even after death of beneficiary.

2. You cannot get share in property which is mentioned in will to your uncle those properties will devolve among legal heirs of beneficiary.

3. No you cannot challenge the will if it is duly registered.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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