Legal Question in Wills and Trusts in India

We were seven sisters but unfortunately one of our sister passed in 2008. Our father passed in 1999 who had a huge house on his name, which was tranfered to our mother after his death. Now in 2009 our mother also passed away. My question is: Do we still have to give a share from our property to the husband or children of our dead sister? fyi: our mother made a will before her death in which she has cleary stated that he has (husband of our dead sister) already taken good amount of money from her in past couple of years so nothing should be given to him. FYI: Property was still under our father name and our mother was holding power of attorney.. please confirm if her will is valid.


Asked on 6/13/10, 12:56 pm

1 Answer from Attorneys
ANURAG TIWARI

There are two kind of succession-Testamentary and Intestate succession.

your case seems to me testamentary succession wherein your mother had executed a Will whereby depriving the legal heir of your deceased sister any share from her property. The children of your deceased sister will not be entitled for anything if there is any such exclusion in your mother's Will.

Now you first execute the Will in the civil court and then get the property transferred in your respective names.

If you need any further help you may kindly call me at 09891406115

Anurag Tiwari, Advocate

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Answered on 6/15/10, 1:22 am


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