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Sunetra (Manager)     22 June 2014

Share of undivided property acquired through a will

My grandfather and his two brothers acquired a residential property in Kolkata through the will of their father. To this date the property remains a joint property and no partition deed has been filed on this (2-storey house).
All the three owners (my grandfather and his two brothers) are now dead. Now the survivors want to sell or rent the property and the question of individual share comes up.

One of the grandfather died without marrying and also did not have any adopted son/daughter. My question pertains to his 1/3rd share in the property.

1) If he has willed away his 1/3rd share in the undivided property one particular person, is the will valid? As in, can the share of a joint property obtained through his father's will be further willed away or will it devolve to all legal heirs?

2) In case the answer to question #1 above is "no" or in case his will can't be proved in a court of law, how will his 1/3rd share in the property be divided. His father and mother had both predeceased him. He had no family (no widow, no son, no daughter). He had two brothers and four sisters - Out of which one brother and two sisters were alive at the time of his death (none of the brothers or sisters are alive anymore). All his brothers and sisters are survived by their sons and daughters (all of whom are alive).

3) While dividing his share of the property (in case of no will) - Will step brothers/step sisters or their legal heirs also have a share out of his 1/3rd share in the property.

Please can you help answer the above three questions?


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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 June 2014

Your grandfather's brother had every right to make a will in respect of his share in the property received form his father. If the Will is valid, then his 1/3rd share will devolve to the beneficiary of the Will. If there is no valid Will then, his share will devolve upon his brother and sisters or their heirs if they are not alive.

Adv Archana Deshmukh (Practicing Advocate)     22 June 2014

Step brothers and step sisters will not get anything if there are real ones.

Suneet Gupta (www.vashiadvocates.com)     22 June 2014

1) Your Grandfather can legally will his share of undivided property.

2) If will in invalid, and he has no Level one relatives (wife, children or parents) then his property devolves to Level 2 relatives (or their descendants), i.e. his brothers or relatives.

3) If there are any real relatives alive, then the step-brothers or step-sisters get no share of the property.


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