About will

Querist : Anonymous (Querist) 20 September 2011 This query is : Resolved
dear expart

my grandfather died without wrote a will on his property after my grandmother had wrote a will on my grand-father property
this type of will is legaly or not ?
can we claim our part on same will basis from our uncle.

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Sailesh Kumar Shah (Expert) 20 September 2011
Its totally illegal. How can she write will of grand father? There is no value of 'that WILL' in eye of law. so on the basis that will, no one have right.

R.Ramachandran (Expert) 20 September 2011
The facts are not clear.

Who died first, whether your grand father or grand mother?

How many children your grand father had - sons and daughters?

If your grand father had died first, whether his children [i.e. son(s) and daughter(s)] executed any Registered R3elinquishment Deed in favour of their mother i.e. your grand mother?

You are asking "Can we claim". Please clarify who you are? If you are the grand children, then clarify how you are related whether your father or through mother to your grand parents?

Whether your parent through whom you want to claim is alive now or not?

Advocate M.Bhadra (Expert) 20 September 2011
If the property is not belong to your grandmother she can not write a WILL,it is void. Since the property is ancestral so you can claim your share as a legal heir and successor of your grandfather.

ESTHERPRIYA (Expert) 26 September 2011
grand mother can write a will for her share in the property only not for the whole property.

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