My late grand father had made a will for multiple properties jointly in the name of 2 unmarried aunts. Nothing was divided specifically between them in the will and after passing of my grandfather also my 2 aunts didn’t divided the property among them , few years back one my aunt passed away without claiming /dividing/or making a will for her share of property. As of today the will is still in the name of both of them nothing specifically divided between them.(one of the aunt has passed as mentioned above) My late grandfather has 6/10 children(aunts siblings)remaining alive Now the second aunt is still unmarried : With the above situation: can the living aunt mentioned in the will can claim the authority of the entire property and can she make a will of the entire property to one person? Will there be a problem from her remaining siblings/children’s of deceased siblings ?
The aunt who is living now is entitled to only half shr of the properties bequeathed by her father in the Will, hence she can claim only respective share in the property,the other half of the share in the property shall devolve on the legal heirs of your deceased aunt.
The act suggested by you is an offence under anti land grabbing act, hence do not get into trouble by doing such illegal things.
Surviving aunt would not be owner of entire property
on demise of aunt her share would devolve on all her siblings equally
Thank you for your. Answers: Can the surviving aunt has the mandate to choose the property she wishes to keep with her from the list of properties in the will, which will be worth half the value of the entire property valuation. If not,how to proceed with the dissolution.
Property bequeathed by grandfather to his two unmarried daughters (aunts to you) without making any division. One aunt died without claiming bequeathed property. I guess out 10 children of grandfather 6 are alive. The legal position is half of the property will devolve on surviving aunt as per will and the remaining will devolve of surviving children as the per Hindu law of inheritance.
1. In view of one of your aunties intestate death and due to her name mentioned as one of the beneficiaries in your grandfather's WILL, her specific property mentioned in her father's WILL goes back to the main stream to be distributed equally to all the legal heirs, including the other aunt, who is unmarried and alive. In other words, the entire movable and immovable properties, including the deceased aunt's property ( as specified in her father's WILL ), goes back to the main stock.
2. In case of any deceased legal heir/heirs, their individual share will be further subdivided equally to all such legal heirs.
3. The surviving aunt can't be choosy from the list of properties mentioned in the WILL. She can only bequeath the property specifically listed to her in the WILL and she can't execute the WILL for the entire/other properties.
4. It's advisable to partition both the movable and immovable properties amongst the legal heirs, except the property bequeathed to living aunt.
5. All the legal heirs can enter into a Family Settlement Deed and resolve the issue.
6. Otherwise, let the affected person approach the jurisdictional Civil Court for Partition declaration and separate possession of the property by metes and bounds.
Thank you for your. Answers: Since there is no division of properties made between the aunts when they were alive,Can the surviving aunt has the mandate to choose the property she wishes to keep with her from the list of properties in the will, which will be worth half the value of the entire property valuation. If not,how to proceed with the dissolution.
She cannot pick and choose
she has 50 per cent share in properties
balnce 50 per cent would devolve on all surviving siblings
Enter into deed of family settlement for division of properties
The surviving beneficiary of the Will is entitled to an equal share in the properties bequeathed in the Will.
She has no choice to choose her share in the properties without the consent of the other beneficiary or its legal heirs/successors in interest.
She may have to settle the issues by an amicable partition by drawing a partition deed with mutually agreed conditions and get it registered to become an absolute owner of her allocated share in the bequeathed properties.
The surviving beneficiary along with the legal heirs of the deceased beneficiary can arrive at a compromise settlement by sharing the properties bequeathed in the Will and draw a partition deed on the mutually agreed conditions about sharing the properties as per the decisions concluded between them.
The surviving beneficiary of the Will has no choice to choose and acquire her share in the bequeathed properties without the consent/agreement of the other beneficiary or its legal heirs/successors in interest.
She may have to settle the issues by an amicable partition by drawing a partition deed with mutually agreed conditions and get it registered to become an absolute owner of her allocated share in the bequeathed properties.
If that is not possible, then the next option before her is that she may file a suit for partition seeking division of properties equally into two parts, by metes and bounds and to allot one such share to her with separate possession.
The existing Aunty could not make a will of the entire property .She can only execute a will as on her share which is bequeathed by her father in his last will. The property of the deceased aunty will equally distribute among her siblings.
From your query it is understood that the property is in the joint possession of aunt’s when they alive. So her siblings / her children’s can get their share by way of filing a partition suit even if they are amicably settle the issues in between them. More particularly all the legal heirs can enter into a Family Settlement Deed and resolve the issue.
- The surviving aunt can have only half share and she can not become owner of entire property.
- The half share of deceased aunt will be divided to her legal heirs.
- Everyone is equal in law even though aunt have more share. There is no pick and choose.
- If the said WILL is not probated , then the legal heirs who having objection over the same can approach the court for cancelling the same on reasonable grounds.
- Further , the said alive aunty cannot claim entire property , even if there is no objection
- Further the legal heirs of died aunty can claim equal right over the share of her , even the property was undivided.
- Further, the alive aunty cannot make a WILL for entire property.
Dear Sir,
1) No the surviving aunt cannot stake claim on entire property.
2) The part of property that belong to the passed away aunt all be divided among all surviving siblings equally.
3) All siblings can enter a registered settlement deed to divide the property.
4) No the aunt cannot pick and choose the property.
Thank you
