Legal Question in Wills and Trusts in India

dying in estate

The owner of a house bestowed it by a Will to his widowed daughter-in-law allowing only living rights and preventing her from alienating it. The property was to pass to her son after her death with full rights according to the said Will. But the son pre-deceased her. She also died in estate. Who can cliam to ownership rights to the property as co-parcenors. The widow has two daughters living and her deceased son has one son and two daughters living. Are there any relevant judgments?


Asked on 6/14/05, 2:30 am

1 Answer from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: dying in estate

The property shall devolve unto the Class I legal heirs of the Pre-deceased Son as their was a restrictive covenant in the Original Will. However, complete set of facts and the religion governing the parties may be clearly specified to enable us to form a more conclusive opinion.

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Answered on 6/14/05, 8:26 pm


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