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Debabrata Das (consultant child health )     18 August 2017

Natural heirs

Are the Grand children natural heirs even though the late Grand father does not mention about them in his last will but have mentioned his children name in the last testament.


Learning

 7 Replies

Kumar Doab (FIN)     18 August 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     18 August 2017

The ClassI legal heirs of Hindu male for purpose of succession are; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters, sons and daughters of pre-deceased sons and daughters……….

 

Thus the grandchildren are say; descendants of grandfather……….

 

Kumar Doab (FIN)     18 August 2017

In case of WILL of Grandfather as per your post; the grandchildren does not  seem to have been included as beneficiary………………..but sons and daughters have been included as beneficiary……………..

 

The grandchildren are although grandchildren of grandfather but are not beneficiary in the WILL……….

Siddharth Srivastava (Advocate)     18 August 2017

Grand children does not have any independent right of inheritance. As per Hindu succession Act and also India succession Act grand children falls in third class category .

Kumar Doab (FIN)     19 August 2017

Children are made beneficiary in WILL.

Thus also:Grandchildren have NO share in property bequeathed by WILL.

Raveena Kataria (Advocate )     20 August 2017

Hi! Please note, the grandchildren would be entitled to a share in the ancestral property of the father. Thus, if property has passed on to the parents, if it's ancestral, the grandchildren can apply for partition. However, if the separate property of the grandfather passes upon the parents by means of a will, grandchildren wouldn't be entitled to apply for partition.

Kumar Doab (FIN)     20 August 2017

If the property was ancestral in the hands of testator (grandfather) he can not bequeath beyond his share.................and the WILL may not be valid.........


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