- When a beneficiary dies after testator but before will is executed, the legal heirs of beneficiary will be entitled to properties bequeathed to deceased beneficiary.
- Testator can certainly provide for devolution of properties in case the beneficiary dies before execution of will. Such arrangement is quite valid legally.
- Even the second condition can be incorporated in the will without any legal problem.
Legatee survives the Testator but dies before the WILL is executed and property transferred to him
Say the Testator (Father) Dies on [deleted]. Legatee (Sole Son) dies 16 Months later on [deleted] but without executing the WILL and transferring the properties/Assets in his name in the intervening 16 months period . In such a case will the widow of the Legatee and the minor Son of the Legatee get 100% of the movable and immovable properties/Assets bequeathed by the Testator to the Legatee (His sole son) in his WILL even though the eventuality of the Legatee dying after the testator but before executing the WILL is not discussed in the WILL Can the Testator while writing the WILL incorporate a clause stating clearly, in the event of the Legatee dying before the WILL is executed and property / Assets transferred in the Legatee's name then 1.The immovable property will go to the Minor Son of the Legatee with the Legatee's widow being the guardian till the Minor son attains Majority age with the legatee's widow not having any right to sell the immovable properties 2. The movable Assets will go to the Minor Son of the Legatee with the Legatee's widow being the guardian till the Minor Son attains Majority but also the Legatee's widow having full right to manage,operate and even liquidate/encash if need be the movable Assets for the upbringing of the Child
Asked 3 years ago in Property Law
Religion: Christian
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8 Answers
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,
2) in present case legatee survived the testator
3) on his demise property would devolve on legatee legal heirs
4) you can mention in will that property will go to minor son of legatee dues before property is transferred in his name
Dear client I am sorry to hear that but even if a will is not executed then also the legal heir of the deceased person will get the property on the basis of the Hindu succession Act.
If the beneficiary of the Will survives the death of the testator then the property bequeathed through the Will in favor of the beneficiary shall stand transferred to the beneficiary immediately after the death of the testator by the virtue of the transfer of property by this testamentary disposition.
The execution of Will and transfer of revenue records to his name by the beneficiary operating the Will is a follow up action only.
Now, upon the intestate death of the beneficiary subsequent to the Will coming into force, the property bequeathed by Will, which is deemed to have been acquired by the beneficiary. shall devolve on his own legal heirs as per the provisions of Indian succession Act
Please note that it is not mandatory to obtain probate of Will under Christian law.
The clauses suggested are perfectly legal to be incorporated in the Will of the Testator. It is better to describe the immovable property clearly and specifically as also list the movable assets so as to avoid any ambiguity in future.
Your query is as confusing as it can be
if the legatee died after the testator then whatever properties were bequeathed by the testator under his will to the legatee will devolve on the legatee and on the death of the legatee those properties will go to the legatee's legal heirs
- The Christian law of inheritance and succession is the same for men and women , and a person's property is treated as self-acquired despite the mode of acquisition and during one's lifetime, nobody else can contest for it.
- If the father has died during the life time of his sole son , then after the death of the son the property can be claimed by his legal heirs .
- Further, as the deceased leaves behind a widow and son , then one-third of the property will go to the widow and two-thirds to the son.
- Further, the share of minor son cannot be sold without the court order by even the mother.
yes it can be incorporated
