Legal Question in Wills and Trusts in India
Ancestral property belonging to A was divided into 5 shares to benefit his wife and 4 sons after A's demise. Wife's share was divided into 4 shares of sons. Son-1 died and the share passed on to his wife, daughter and son and to this day is undivided. Wife of son-1 has willed her share to her son's two boys. Is such a will valid in the absence of a consent letter from the daughter? If the share is divided and then willed, will it be valid?
1 Answer from Attorneys
14.09.2013
Dear Sir / Madam,
YES. Since the title of the deceased son's share vests in his wife, she is entitled to Will her share of the property to her two sons. She does not need the consent letter from her daughter for it. It is upto the deceased son's wife whether she wishes to divide the share or to retain it as it is.
Regards,
Related Questions & Answers
-
Deceased Father has left a Will which was registered in the presence of two... Asked 9/07/13, 12:53 pm in India Probate, Trusts, Wills & Estates
-
My grandfather died and left a will which is probated by court and has 4... Asked 9/06/13, 5:17 am in India Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
