Legal Question in Wills and Trusts in India
Mr A and Mrs B have been married for 40 years and are childless.
Mr A makes a WILL - Giving his moveable and immovable property to Mr C who is the grandson of Mrs. B's sister. BUT he has a clause in the will which states that Mr C will get the property in the event that Mrs. B has dies first and Mr A survives her.
Mr. A further mentions in his will - If Mr. A (He himself) dies first all the Movable and Immovable propety will go to Mrs. B and she then can decide if she wants to give it to Mr. C and he further mentions that he thinks his wife will fulfill his desire.
Mr A dies leaving Mrs. B everything - Mrs B tells (Verbally) everyone that she is going to give to Mr. C but does not make a will. Within two and half months Mrs B dies without a will.
What are the chances Mr C will get the properties and how should he approach the case ?
1 Answer from Attorneys
property will be divided amongst the legal heirs of Mrs B. A woman gets the property absolutely under the woman right to property act. therefore, Mr. C will get only share as one of the legal heir and not absolutely as successor to the property of Mr. A.
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