Legal Question in Intellectual Property in India
A house was constructed by a person out of savings from his self earned income being employed in Electricity Board. When he died he left behind his wife and the only daughter who was married. An unregistered will executed indicates that he had made his wife the sole heir to the house. The witnesses who signed are either alive or traceable to prove the signature of the deceased. The deceased�s daughter is blessed with three daughters and a son. It appears the wife of the deceased (still alive) is contemplating on making his daughter (the mother of 4 children) as the sole heir to the property after her death by way of a will. The children having attained an age of 18 are longer minors. There are indications of a quarrel is in the offing about the legality of the basic will as well as the intended free exercise of will of the widow on a point that the property is a hereditary one and not a self earned one by the widow. Thus the children are up to claiming equal shares.
Are the children entitled?
2 Answers from Attorneys
Children and their mother both are not entitled.
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