Ancestral property belonging to A was divided into 5 shares to benefit his wife and 4 sons after A's demise. Wife's share was divided into 4 shares of sons. Son-1 died and the share passed on to his wife, daughter and son and to this day is undivided. Wife of son-1 has willed her share to her son's two boys. Is such a will valid in the absence of a consent letter from the daughter? If the share is divided and then willed, will it be valid?
1 Answer from Attorneys
Dear Sir / Madam,
YES. Since the title of the deceased son's share vests in his wife, she is entitled to Will her share of the property to her two sons. She does not need the consent letter from her daughter for it. It is upto the deceased son's wife whether she wishes to divide the share or to retain it as it is.
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