My grandfather passed away leaving behind a registered will. The content of the will are as mentioned below.
1) Land A and one shop will be for my dad
2) Land B and second shop will be for my dad's immediate brother
3) Land C and third shop will be for my dad's next brother
4) Land D, fourth and fifth shop, and a house will be for my dad's sister.
Now here comes the clause attached to the will. My grandfather clearly mentioned that till my grandmother's lifetime she can enjoy the complete benefits from this property like staying in the house, giving the shops for rent, taking the rent, and also take the money from the lands since its full of cashew trees. Grandfather said she can only enjoy the benefits and she is not entitled to make any changes to the will that he has made. Now comes the important clause. My grandfather also mentioned that the COMPLETE OWNERSHIP of all his property will pass on to his children in the way he mentioned only after my granny's lifetime.
Now, my dad passed away some years back and he did not leave any will. My granny is still alive. When we met our advocate, he said that whatever is in my dad's name will have to be divided among the 5 of us, i.e, my mom, us (we are 3 siblings), and my granny. But how can that be true for the properties that had passed on to my dad from my grandfather. So far, my granny is reaping the benefits from that particular property and neither my dad nor us had ever enjoyed anything from it and we know that we are not entitled to enjoy it now according to the clause attached in the will. But at the same time, since my grandfather had clearly mentioned that the ownership of these property will pass on to my dad only after my granny's lifetime, how can my granny claim a share in this particular property again. After coming to know that my granny will get 1/5th of the share from this property, she has clearly told my mom that she would like to give her share to her children (my dad's sibling). Kindly let me know whether my granny will have a stake in this property because she is the one who is enjoying it right now and from what i understand the ownership will be in my dad's name only after my granny's lifetime.