Legal Question in Real Estate Law in India

We are Hindus.Live in South Delhi.My late paternal grandfather purchased this house in 1979 where we live.He has 5 children(4 sons and 1 daughter).
When my grandfather was alive,he made a will in 1998 where he suggested equal division of this house among his 4 sons.He did not give any share to his married daughter.
Now,if we sell the house and divide it amongst the 4 sons equally,as already mentioned in this will,can this late daughter's husband and adult children claim any share?The will is not registered.
This daughter had married a Christian in 1969 and has 3 adult children.She died in 1994.

Asked on 5/14/11, 1:40 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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You still need a NOC from the sisters legal heirs or relinquishment deed in favour of rest of the 4 brothers. The sisters husband can challenge the will on various grounds and to avoid this practical problem the buyer would insist to have NOC etc from the sisters legal heirs .

Answered on 5/14/11, 1:51 am

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shiv shakner saini saini law

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as per will they cant.

Answered on 5/14/11, 1:58 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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it all depends upon your grandfather s capacity to execute a will at that time. if he executed the will of his undivided share of a joint property or the property was self acquired, the will is good otherwise, the same can be challenged.

Answered on 5/14/11, 9:21 am

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