Legal Question in Civil Rights Law in India

My grandfather and his two younger brothers amicably settled their properties by executing a partition deed. Both the younger brothers of my grandfather have any issues. The younger brother of my grandfather executed a deed in which he had given rights to his wife to enjoy the properties and the income derived out of the properties and clearly mentioned that the properties should go the next legal heirs after her death. The old lady before her death executed a will transferring all the properties to her foster son. Can the lady execute the will when it has been clearly mentioned that the properties should go to the next legal heirs ? Some lawyers contend that after the partition, the younger grandfather is the absolute owner and after his death, his wife is the absolute owner and she can write the will to whomsoever she likes. Is it right ?

Asked on 9/26/10, 11:11 pm

Nandita Haldipur Haldipur Associates

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need to check the deed by which he granted rights to his wife

Answered on 10/08/10, 12:33 am

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