Will executed before birth but not included the child born later in will
kumar
(Querist) 14 August 2014
This query is : Resolved
A grand father executes the will to her 3 grand daughters on a single property. But one more grand daughter born after 3 months of executing the will. Probably the child inside may not have striked during the will those days (1978). In will dughter in law (mother of the female childs mentioned in will) as kept guardian till the children comes to major. All of them are major now. But the fourth one has not been given so far anything and the proeprty is also not disposed off.
Is this fourth daughter born after the will can ask for an equal share and is she eligible for rights? Please guide me.
As grand father executed the will, is this proeprty becomes ancestral?
Thanks in advance!
Anirudh
(Expert) 14 August 2014
If in the will only the names of three grand daughters are given, then the fourth grand daughter cannot claim any benefit. She cannot challenge the WILL. The property is not 'ancestral' just because the will was executed by the grand father.
Advocate. Arunagiri
(Expert) 14 August 2014
What is the exact term used in the WILL?
Whether he had used the names of the beneficiaries or simply said "my grand children?
If he had mentiioned the names, the WILL will confined with those names. If he had said "my grand children", all the grand children including the fourth grand daughter is entitled for the share.
P. Venu
(Expert) 14 August 2014
What matters is the intention of the testator, What is the wording in the will?
