The sons can challenge will seek share in property
better option is for grand mother to execute registered gift deed in your mother favour during her lifetime
My Nani(mother's mother) has only one child, my mother. Last year my nani wrote a will towards my mother in which she gave all her property to my mother. Is there any chance that the will wud be stayed after my nani's death by the sons of the brother of my Nana? If yes, then wat is the way out?
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The sons can challenge will seek share in property
better option is for grand mother to execute registered gift deed in your mother favour during her lifetime
I wonder why are getting such wild thoughts.
The property belonging to your Nani is her exclusive property in which no one has got any share.
So she during her lifetime can give this yo anyone she chooses.
Since the sons of your Nana's brother have got no share they can't challenge the Will while you apply for Probate of the same.
So relax during this lockdown time.
Dear sir/madam,
Being only child of her parents and also by way of WILL, your mother will own the property and you are suggested to get the same mutated on the name of your mother after nani's death.
1. The brother of your nana, much less his sons, are not heirs of your maternal grandmother, hence they cannot challenge the will in the first place.
2. I hope the will has been made in the manner envisaged by the law.
In the will document, the surname of my mother is wrongly written as Devi instead of Pandey. will it create any problem and How to rectify it?
Dear sir/madam,
You are suggested to make an affidavit stating that she is known by both the names and ...........Devi and .............. Pandey are one and same person. Get this affidavit notorised and this will be used everywhere as required.
Grand mother can revoke earlier will execute fresh will bequeathing property to your mother .
it should mention your mother correct name
Get it done by getting the name corrected will registered.
I mean prepare another will with corrected name.
And get the will REGISTERED.
only a registered will is valid.
Legally Sons of the brother of your nana are not entitled to the property.
- As per law, your Nani can transfer her self acquired property to your mother by way of WILL or Gift deed.
- But a WILL become valid after the death of the testator . It means your Nani can cancel the said WILL , and execute a new one.
- If that WILL given to your mother is the last WILL of your Nani , then this WILL cannot be challenged.
- Your Nani can execute a new WILL with the correct name of your mother , after destroying /cancelling the present one. Otherwise your mother will face problem in future,
1. They cannot bring any stay on the will if it is duly registered or duly signed and notarized.
2. Get the will of nani registered to avoid any problems and issues after her demise.
See if it is clearly mentioned that nani has given it to her daughter then in that case there won't be any issue though nani can make new registered will to avoid future issues.
If the property was self acquired or inherited by your grandmother then that property shall be her own and absolute property.
Since she had clear and marketable title to the property she has full authority to transfer the property by a testamentary disposition i.e, by a Will to her only daughter.
Even she had not bequeathed the property, your mother being the only legal heir to succeed to her mother's property, is entitled to this property.
Your grandfather's brother's son or children are no where related to this property
No claim by them shall be maintainable in law.
They do not have any rights in the property.
That should not create any problem.
In case there is any dispute in that regard, she can prepare an affidavit stating that both the names are one and the same and she is known by both the names.
The notarised affidavit can be published in a local newspaper also to make it more authentic.
No. Even on intestate succession, your mother will only inherit her properties.
Will can be changed any time. To add, delete and make corrction in preset Will, execute codicile duly attested by 2 witness.
Will once made can not be rectified after the death of the maker of the Will.
However this mistake is not so grave to make the Will invalid.
1. If the identify of legatee is not unambiguous in the will then it can surely create obstacles.
2. Since your nani is still alive tell her to make a fresh will sans any typos.
The sons of brother of your Nana cannot challenge the Will.
Your Nani can carryout the name change of your mother by wail of Codicil i.e., from Devi to PANDEY (name of your mother).
OR
She can cancel the earlier Will and execute a new Will with all corrections by capturing correct details.
If your Nani is alive, then prepared another Will, registered the same in the registrar office with two witnesses. the will can be rectified at any time during the lifetime of the testator.
Feel Free to Call
If that property was self acquired property of nani then they can't. If nani has kept anything for nana in will then yes.
Dear Sir,
If executant of a will wishes to rectify, change the content by way of addition/deletion of any recital in the original will may do so during his lifetime. This is called codicil. This document does not require any stamp duty.
Will– A testamentary document by which a person bequeaths his property to be effective on his death is a will. The property will devolve on the person in whose favour it is bequeathed after death of testator.
Condition of execute a will –
a) Any person above the age of 18 years and mentally sound may execute will, but will caused by fraud or coercion or by importunately will not be valid. Therefore a will must be executed voluntarily.
b) Parents or guardians cannot execute will on behalf of minors or lunatics.
c) Attestation by minimum two witnesses is necessary.
d) Scribe (deed writer / advocate) cannot be called witness. Two independent attesting witnesses other than the scribe or necessary.
e) Beneficiary under a will should not sign as attesting witness.
In order to avoid disputes in implementation of a will, description of property and the beneficiaries should be clearly be written without giving room for any doubt.
1. No there are no chances of challenging the will by sons of Your grandfather's(Nana) brother.
2. if your Nani died intestate that is without writing the will even then cousins of your mother cannot challenge inheritance of your mother as she is legal heir of your grand mother.
3. Will cannot be rectified after death of testator your mother have to prove that name mentioned on will belongs to her.
Once a will has been written nobody can change it except your naani. Even if she doesn't write a will then too your mother will get the property as she is the only child.