Will
Arun Laxman
(Querist) 10 December 2014
This query is : Resolved
X has three properties worth about 30 lakhs.
X makes a will in favour of his sons A,B,C.
before X dies C died.
C has two sons.
now X dies without making any other will or codicil after the death of C.
now the question is whether the two sons of C can claim any right over properties through such will?
Guest
(Expert) 10 December 2014
Yes the Sons of C would be Legal Heirs For the Rights Of C As per the Will
ajay sethi
(Expert) 10 December 2014
If a beneficiary in a will dies before the the testator then the bequest will "lapse" and fall into the testator's residual estate.
the Will GENERALLY CONTAINS A RESIDUARY CLAUSE So the residual beneficiary will get the lapsed bequests from the beneficiaries who died before the testator.
ajay sethi
(Expert) 10 December 2014
In the Indian Succession Act in Section 107 it is stated -
"If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator's propeRTY
Advocate Bhartesh goyal
(Expert) 11 December 2014
Rightly advised by shri ajay sethi and the residue portion of properrty will be divided among the legal heirs of x as per Succession Act.
Guest
(Expert) 11 December 2014
Dear Author Though the One of the Legal Heir C the son had died before the Testator Father x who had executed the Will and X the Father was not able to modify the Will due to Circumstances The Rights of C"s Legal Heirs can not be Denied if the same was handled by an Efficient Advocate.
Anirudh
(Expert) 11 December 2014
I completely agree with the views of Mr. Ajay Sethi, which is the legally tenable and correct answer to the query posed.
P. Venu
(Expert) 11 December 2014
A will takes effects and property vests in the legatees only upon the death of the testator. The bequest to C would lapse.
V R SHROFF
(Expert) 11 December 2014
I agree with the views of Mr. Ajay Sethi, which is the legally tenable and correct answer to the query posed.
Dr J C Vashista
(Expert) 12 December 2014
I have similar opinion as advised by expert Sh. Ajay Sethi, if the testator has not mentioned name of next beneficiary in the document of will.If the testator has already mentioned the name of beneficiary in case "C" predeceases the testator, his share will devolve upon so and so, then it would pass on to that person.
Therefore, the document has to perused by a local lawyer.
Anirudh
(Expert) 12 December 2014
But one supposed expert, who claims to be practising from 2001, in spite of Ajay Sethi's answer and endorsement by Mr. Bhartesh Goyal,has opined differently, without any regard to the legal aspect at all!!!
No review of his own views, no corrections, yet calls himself (falsely though) an expert practising from 2001!
Guest
(Expert) 12 December 2014
Well advised by anuradha
malipeddi jaggarao
(Expert) 13 December 2014
I fully agree with the advice of expert Mr.Ajay Sethi. The predeceased legatee's share will go to the residue (common pool) and all the legal heirs of the testator will have claim over it. Thus C's legal heirs are at disadvantageous position as the claimants on deceased C's share is not only the legal heirs of C, but also all the legal heirs of the testator.
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
The opinion of expert Mr.Ajay Sethi is absolute and I agree with his views.
