Is it necessary to rewrite will if one of the legal heirs passes away? – The Economic Times

Clipped from: https://economictimes.indiatimes.com/wealth/plan/is-it-necessary-to-rewrite-will-if-one-of-the-legal-heirs-passes-away/articleshow/83058840.cmsSynopsis

Raj Lakhotia, Founder, Dilsewill answers readers queries related to the transfer of assets.

My father wrote a will over a year ago, and I and my sister were legal heirs at the time. However, I lost my sister a month ago and now I am the only legal heir. Will it be necessary to rewrite the will? — Vijay Rastogi
It is always advisable to make the necessary changes to incorporate the present situation and condition so that no ambiguity remains with respect to any provision of the will.

My husband expired intestate, that is, without a will, recently due to Corona. He had two self-acquired houses. While one is solely in his name, the other is jointly owned by me and him. The latter is also mortgaged against a loan. Our family comprises our two children, my parents-inlaws, and brother-in-law. In both the cases, who will be rightful claimants to properties and what will be the extent of claim for each? — Anumeha Verma

In both the cases, Class I heirs of your husband will have the right to claim equal shares in his properties. These legal heirs or claimants are the mother, widow and children of the deceased, each of whom gets an equal share in the property. In this case, the claimants will be you, your mother-in-law and your children, who will get a 25% share in case of the first house. In case of the second property, the share will be 12.5% each as your husband has a 50% share in the property. Since the property is equally divided, the mortgage will also be borne equally by all.

A share of the ancestral property in my father’s name is to be bequeathed to his nephew (my cousin). Can the same be mentioned in my father’s will so that the property is transferred to him smoothly and without any controversy? — Sameer Saxena

Yes, it should be specified in the concerned will to give effect to such bequests since a nephew is not considered a Class I legal heir. In the absence of a bequest through will, the nephew won’t be entitled to any share in your father’s property.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

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