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My grandfather written will 1962 to my father he said still my grandmother life time she can only enjoy the property but my father passed before  my grand mother now my uncle said the property become common house tax and electricity bill all are paid by my mother and four daughters name I want to know whether the property rights for us or its common property will registered and all my uncle Aunty all of us put signature in the will
Asked 2 years ago in Property Law from United Arab Emirates
Religion: Hindu
1) it is necessary to peruse will to advice 

2) principal beneficiary of will is your father and grand mother had only life interest in property 

3) please check whether there is residuary clause in the will 

4) ideally will should have contained clause that in Case your father predeceased your grand mother what would be consequences 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
46645 Answers
2759 Consultations

5.0 on 5.0

WILL executed by your grand father giving life time estate to his wife, your grand mother during her life time to enjoy the property but he has bequeathed the schedule property in totality to his son, your father, now since your father pre-deceased your grand mother the property shall fall to the children of your father who are his legal heirs as per Hindu Succession act, your father being a Hindu at the time of his death.
Kiran N. Murthy
Advocate, Bangalore
1010 Answers
91 Consultations

5.0 on 5.0

1) If your father predeceased your grandmother after her death the property will devolve on his legal heirs namely your mother and all of you his children in equal measure.

2) This is true if the property that your grandfather willed was self acquired. If the property was ancestral your grandfather couldn't legally make a Will to bequeath all property to your father alone.

3) If the property is ancestral your uncle and aunts have no stake on the property willed in favour of your father. You must take steps immediately to probate the Will at the earliest through the court having jurisdiction in the matter.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1. The property was willed in favour of your father who died intestate,

2. He already owned the said property subject to his taking grant of probate on the said will  from the Court,

3. Your grandmother only had the living right in the said property for her life,

4. After the demise of your father, all his legal heirs including your grandmother, i.e. all four daughters, your mother and your grandmother,  will equally share the said property.So, all will share 1/6th share of  the property each,

5. You shall have to file a petition for grant of probate of the will if it has nor yet been taken,

6. It shall have to be kept in mind that after the demise of your grandmother all her legal heirs including your uncle will equally share her 1/6th share of the total property,

7. It shall be prudent on your part to get a will executed by your grandmother bequeathing her share of the property in favour of your mother or any/all of your siblings.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

As per your Question legal heir of the father are the actual owner of the property , Your uncle have no rights to claim the property as such your grandfather totally given to your father and your grandmother is beneficiary of the will. It is not a common property.
Advocate, Hyderabad
57 Answers
7 Consultations

4.3 on 5.0

Yes , since your father passed away before the Will open to him the property will be liable for equal distribution on the death of your grand mother.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

The will of your grandfather, in so far as it bequeaths the property to your father, has now become infructuous as the beneficiary i.e your father predeceased his mother. So the law of succession would now open up on the demise of your grandmother i.e all the heirs of your father will succeed to his share. Consequently, after the demise of your grandmother the widow and children of your father will succeed to the property. Any one of you can file a lawsuit for partition to cull out your share in the property. 
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

This situation however, will not be permitted to defeat the intent of a testator—one who makes a will—and these terms can be applied interchangeably to either personal property or real property if the context of the will demonstrates that this was the intention of the testator.
The legal heirs of the beneficiary will be entitled to acquire the property after the life time of the grandmother as per the recitals of the Will. 
Therefore the legal heirs of your father shall be entitled to a share in the property equally by operating the registered will. 
T Kalaiselvan
Advocate, Vellore
36786 Answers
403 Consultations

5.0 on 5.0

Hi, it is the condition under the will that your grandmother can enjoy the property and after the death of the grandfather the will came into effect so your father become the absolute owner of the  property so after the death of your father property will be succeeded to legal heirs of your father and other have no right in the property. 
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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