If your grandfather's Will contained a property already sold by him, that property shall be excluded from the Will. However, the Will shall be effective in respect of all the other assets if otherwise in order.
My grandfather's Will contains (sold) property not belonging to him. Is Will still valid? How to handle missing share? gf is Shia Muslim.
If your grandfather's Will contained a property already sold by him, that property shall be excluded from the Will. However, the Will shall be effective in respect of all the other assets if otherwise in order.
A will is valid only to the extent of property owned by testator, inclusion of property not owned by testator is not effective. A Muslim can bequeath only one third of his property, 2/3 will devolve as per Muslim law of inheritance on his legal heirs.
The Will is valid one . However, Sold property was included so beneficiary under will not entitle to get that property.
your grand father cannot bequaeth property already sold by him
however in respect of other assets will would still be valid
A property which does not belong to a person cannot be the subject matter of a will made by that person. Therefore even if a person writes a will pertaining to that property that will is irrelevant.
a testator can make a Will only in respect of those properties which are owned by him
if the testator made a Will for a property which was already sold in his lifetime then such bequest for that property only would lapse whereas the other bequests in the Will would still hold good
a legator can bequest a property in a Will only under two conditions-
A property bequeathed under a Will may or may not exist at the time of execution of Will but it is mandatory that the bequeathed property must be in ownership of the legator at the time of his death. The logic behind this rule is very simple. A Will comes into operation after the death of the legator and the transfer of property to legatee takes place from the date of legator’s death and not from the date of execution.
The recitals in the will with regards to an already sold property becomes redundant and non-executable. Other than that, the rest of recitals with regards to the other properties are still very much valid and executable. It doesn't render the whole will as invalid.
1. Your grandfather can not bequeath the property which he does not own.
2. So, that part of the will is invalid which states about the properties not owned by him.
3. You are expected to receive various letters from the Companies in the name of your grandfather whose shares have been bought by him. From those letters/notices, you will get the details of the missing shares.
Sold properties can't be willed. That clause would be rendered infructuous.
Other clauses can be enforced.
- Since your grandfather having a WILL for the property which is already sold then it will have no legal value
- However, if that property has been sold after making the said WILL in the name of your grandfather by the deceased testator , then the WILL can be executed by your grandfather after filing a probate petition before the court.
Dear Client,
WIll can only be made to property one holds so, this part of the will is not valid and can not be asked for.
Thank you.
No if the said will doesn't have his self acquired property then he can't will it for ancestral property his will can only have his share not the entire property