1) Your grand mother had only life interest in property
2) will clearly mentioned that on grand mother demise property would devolve on her 2 sons
3) grand mother was never absolute owner of property
4) daughter has no share in property
Can X write a will saying property should go to Y and then on the death of Y to go to Z?
My grandfather who had 2 sons and a daughter, wrote a will saying that his property was to go to his wife(my grandmother) on his death and after her death, the property was to be divided amongst the two sons. His daughter had been married off with a dowry and hence he did not wish the property to be divided with her as well. This would have been a very common scenario in those times. My grandmother died without making a will. Now her daughter is claiming a share of the property saying that once the property passed to my grandmother from my grandfather, then my grandmother had absolute right over the property and hence my grandfather's wishes that the property should go to the two brothers on her death had no legal basis. Her claim is that my grandmother died intestate and so she is entitled to a share of the property. What is the legal view on this? this would have been a common scenario in the olden days and so im sure there must be case law. any references?
Asked 2 years ago in Property Law
Religion: Christian
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
8 Answers
Thx. Any case law or references?
Asked 2 years ago
Sadhu Singh v. Gurdwara Sahib Narike And OthersSupreme Court Of IndiaSep 8, 2006
An owner of property has normally the right to deal with that property including the right to devise or bequeath the property. He could thus dispose it of by a testament. Section 30 of the Act, not only does not curtail or affect this right, it actually reaffirms that right. Thus, a Hindu male could testamentarily dispose of his property. When he does that, a succession under the Act stands excluded and the property passes to the testamentary heirs. Hence, when a male Hindu executes a will bequeathing the properties, the legatees take it subject to the terms of the will unless of course, any stipulation therein is found invalid. Therefore, there is nothing in the Act which affects the right of a male Hindu to dispose of his property by providing only a life estate or limited estate for his widow. The Act does not stand in the way of his separate properties being dealt with by him as he deems fit. His will hence could not be challenged as being hit by the Act.
14. When he thus validly disposes of his propertyby providing for a limited estate to his heir, the wife, the wife or widow has to take it as the estatefalls. This restriction on her right so provided, is really respected by the Act. It provides in Section 14(2) of the Act, that in such a case, the widow is bound by the limitation on her right and she cannot claim any higher right by invoking Section 14(1) of the Act.
Thus the first attempt must be to reconcile all the clauses in the will and give effect to all of them. When we make that attempt in the context of what this Court had indicated in the decision quoted above, we find that the apparent absolute estategiven to his wife by the testator is sought to be cut down by the stipulations that the property must go to his nephews after the death of the wife, that the wife cannot testamentarily dispose of the propertyin favour of anyone else and the further interdict in the note that the wife during her lifetime would not be entitled to mortgage or sell the properties. Thus on reconciling the various clauses in the will and the destination for the properties that the testator had in mind, we have no hesitation in coming to the conclusion that the apparent absolute estate in favour of Isher Kaur has to be cut down to a lifeestate so as to accommodate the estate conferred on the nephews.
There is no dispute raised by the daughter with regard to validity or admissibility of the Will.
In this scenario admittedly she has accepted the Will abinitio.
Therefore she cannot raise a dispute over the second part of the Will.
Thus she cannot claim any share in the property as a right.
This is position of law hence no necessity for any citation.
However you can search for one through internet
Yes it can be willed in above manner
Her claim is baseless. She has no inheritance right. Contact for case law.
Dear Client,
Female members in cases of transfer of property after death without a will in India are as follows –
First Class: Similar relationships to those listed for male members include husband, sons, daughters, and children of a deceased son or daughter.
The husband's heirs will get the inheritance if no one is located. It will go to the deceased person's mother and father, if they are still alive, if the husband has no surviving heirs. There is a single law that applies to property that a Hindu woman inherits from her mother or father. The legal heirs of her father would inherit such property if she were to die without leaving a son or daughter behind.
- If that property was self acquired property of your grandfather , then he was having his right to transfer the same to his 2 sons only by way of Will
- Since, that Will mentioned that your grandmother will have right to live only , and after her demise this property will go to the sons , then daughter having no right over the property .
