Legal Question in Wills and Trusts in India
Sir,
My mother's father (maternal grandfather) are three brothers and two sisters. The youngest of the three brothers is only surviving. My grandfather was the eldest. On my grandfather has 2 daughters while the remaining brothers do not have any issue. The youngest of the three brothers is surviving without any family member. He has his wife who expired around 8 years back. Now he is alone and has a big bungalow which was inherited from my great grandfather.
Now he wants to give his bungalow the issues of his sisters. Now my mother and my aunty being the only issue of their family stands what chance of claiming the property. And if he has made the will, can it be challenged by my mother and aunty.
2 Answers from Attorneys
give proper dates of death and on the date of death make chart of surviving members of family, as per your question mother has right and she can claim her right by filling partition, will can be challanged
this bangalow is the property of three brothers and two sister. The youngest brother cannot give it to the issues of sister to the exclusion of your mother and aunt who are the legal heirs of his brother. Brother (your grand father) had 1/5 share in great grand father's property so as two sisters.
In fact one brother who has expired and who has no issues, his 1/5 share will equally divided and added to two brothers and two sisters.
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