How is property divided if any of the heirs die after a will is made?

My grandfather left a will within the title of my father in 1996 for one-third share in his property. My father died in 1997 leaving me, my sister and mom behind. My grandfather died in 2008 abandoning his three youngsters and a spouse (my grandmother). As per my data, the need isn’t registered with the sub-registrar. In 2022, the land was divided into 5 equal shares, with the won’t coming into consideration. 

I wish to perceive whether or not the need is legitimate contemplating that my father died earlier than my grandfather? Can the need go away its content material to me, my sister and my mom since we’re heirs of my father ? If sure, will my father’s share be thought of within the two-third of the land that doesn’t present up within the will?

—Name withheld on request

We perceive that, in 1996, your grandfather made a bequest of one-third share in a property in favour of your father who died in 1997, abandoning his spouse, daughter and son. Your question infers that your father (i.e. the legatee) handed away earlier than your grandfather (i.e. testator). 

The Indian Succession Act offers with the provisions regarding lapsing of legacy. According to Section 105 of the act, if a legatee doesn’t survive the testator, such a legacy can not take impact, however the identical lapses and varieties a part of the residue of such testator’s property, except it seems by the need that such testator supposed that it ought to go to another particular person. Section 105 of the Act additionally supplies that so as to entitle the representatives of the legatee to the legacy, it should be proved that he survived the testator. 

Since your father didn’t survive your grandfather, evidently the heirs of your father  won’t be entitled to the one-third share as per the need. That stated, the provisions of the need must be examined so as to verify if such will prevents any lapse of legacy in clear phrases or if it supplies for any alternate bequest within the occasion your father predeceasing your grandfather. 

Therefore, topic to any opposite intention within the will, the one-third share will type a part of the residue of your grandfather’s property. As subsequent steps, it will likely be worthwhile to debate this along with your legal professional. 

Further, the validity of your grandfather’s will, the identical will neither be invalid on account of your father predeceasing your grandfather, nor on account of the identical not being registered.

Rishabh Shroff is associate & co-head, Private Client Practice, Cyril Amarchand Mangaldas.

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