My grandfather left a will in 1996 in my father’s name for a third of his property. My father died in 1997 leaving me, my sister and mother. My grandfather died in 2008, leaving behind his three children and a wife (my grandmother). To the best of my knowledge, the Will is not registered with the Sub-Registrar. In 2022, with the will not coming into consideration, the land was divided into five equal shares.
I want to understand whether the Will is valid assuming that my father died before my grandfather? Can a will leave its contents to me, my sister and my mother because we are the heirs of our father? If so, will my father’s share in two-thirds of the land not shown in the will be considered?
—Name withheld on request
We understand that, in 1996, your grandfather bequeathed a one-third share in an estate in favor of your father, who died in 1997 leaving his wife, daughter and son. From your question it turns out that your father (ie heir) died before your grandfather (ie testator).
The Indian Succession Act deals with the provisions relating to lapse of inheritance. As per section 105 of the Act, if a testator does not survive the testator, such inheritance cannot take effect, but the same ceases to exist and becomes part of the remnant of the property of such testator, unless does not appear by such testator that such testator intends that it should pass on to any other person. Section 105 of the Act also provides that in order to give the right of inheritance to the representatives of the inheritance, it has to be proved that he was survived by the testator.
Since your father did not survive your grandfather, it seems that your father’s heirs will not be entitled to one-third share as per the will. That said, there is a need to examine the provisions of the will to confirm whether it explicitly prohibits any omission of inheritance or if it provides for an alternate will in case your father kills your grandfather. Is.
Therefore, subject to any contrary intention in the will, one-third will be part of the remnant of your grandfather’s estate. As for next steps, it would be worthwhile to discuss this with your attorney.
Furthermore, the validity of your grandfather’s will will be invalidated by your father neither because of your grandfather’s death, nor because it is not registered.
Rishabh Shroff is Partner and Co-Head, Private Client Practice, Cyril Amarchand Mangaldas.
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