Hello sir,

1. The property purchased in the name of your mother. Therefore, after her life time the property right shall firstly devolve upon his sons , daughters and husband. 

2. When your mother was being an owner of the property, after her life time, your father would become one of her legal heir along with you, your brother and sisters. Therefore, he can execute a WILL to his undivided share of 1/5  share in the property and not to an entire property. Therefore, as per the WILL your son will get your father’s 1/5 share. 

3. You may claim that your father had purchased the property in his wife name as benami. But the narration in the sale deed much necessary to decide the ownership of the property. If your brother and sister appose the WILL, you should prove before the court of law that the property was purchased from an earning of your father in his wife name as benami. But it is hard to prove before court of law. 

Therefore your mother’s  property will be shared  to 1/5  share (son) , 1/5 share (son) , 1/5  share ( daughter),  1/5  share (daughter) and 1/5  share ( Beneficiary under WILL that mean your son) .  Hope,  I have clarified all your doubts. 

Hi, Your father has no right to write a Will. He can write a will to an extent of his share nothing more. Your brother and sisters have equal share in the property. To an extent of your father share will go to your son.

Father could not have bequeathed entire land bought in mother name in name of his grandson 

it would devolve on sons and daughters 

at most he can bequeath one sixth share in land to his grandson 

It depends on what will the father made. It will depend on the share which is given to your sons name. If the property is ancestral then such will can't ne made by father and he can only make will of his share. 

The property of your mother will be transferred to all the legal hairs including your sisters in absence of will equally. The will in favor of your son by father will only be executable for his share in the property i.e 1/6.

As the property was registered in your mother's name, your father could not alienate it by means of a Will. Your father's Will is, therefore, legally invalid. After your mother's intestate death, her estate devolved automatically upon all her legal heirs - 2 sons and 3 daughters equally, with each inheriting an undivided 20% share.

The property was purchased by your father in the name of your mother. Therefore the property belonged to your mother and she could have written a valid will. The will written by your father cannot be upheld in a court. The property would have to be divided amongst your siblings.

if the other shareholders do not object to or are not aware then too, his claim can be upheld.

Though the property is in the name of mother, it is purchased by father, hence the will executed by father  bequeathing property to your son is valid. The property can be transferred to your son. A will has to be filed in district Court for transfer of property to persons named in the will. This process is called probating of the will. After filing of the will, the Court will issue notices to all the family members and hear objections if any they have against the will. After that appoint an executor of the Court for execution of will who will transfer and register the property mentioned in the will in favor of beneficiaries of the will. Unless will is probated it is of no use. You have to file the original will in the court and give the names and addresses of all the legal heirs and persons interested. There is fixed fee for probate proceeding which not very high. But you have to bear the expenses of lawyer which  vary from lawyer to lawyer. It will take 3 months for probating will.   

Though your  deceased father funded for the purchase of the property, he bought it on your deceased mother's name.

Hence as per law your mother becomes the absolute owner with clear and marketable title to it.

Therefore your father never had any title to the property hence the Will bequeathing the entire property would be null and void 

Now, upon the death of your father and mother the property now lying on your  deceased mother's name shall devolve equally on all her children and all of them have equal rights for their respective legitimate share in the property.  

The Will made by your  deceased father bequeathing entire property in favor of your son would not be considered as legally valid and if your father is reported to have died after your mother's death, then this  Will shall be valid only insofar as his share in the property alone, which can be acquired by your son by the virtue of this Will. The share of others shall devolve on other legal heirs of your deceased mother. 

- Since the said land was purchased in the name of mother , then legally she was only having her right to transfer the same to your son by way of writing a WILL. 

- Further , after the demise of mother , her legal heirs were having right to claim over the land equally including your father i.e. each will have 1/6 share in the property. 

- However, your father was having his right to transfer his 1/6 share only in the name of your son and not others.

Dear Client,

As per the facts which have been provided, if your mother is the owner of the property then the shares of the property will be distributed among the legal heirs.

Thank You.

mother was the benamidar of the father

father is the true owner of the property

so in that sense the father's will in favour of your son will hold the field

if you want to claim share in the property then you will have to file a suit for a declaration that your mother was the owner and after her, the land has devolved on her legal heirs