Indian Will Interpretation Guide

Summary

In India, a registered will is executed according to the testators clear intent. If a will specifies property distribution to Son C and the husband, and the husband predeceases the testator, Son C may claim the lapsed share if Sons A and B are explicitly excluded. Relevant case laws include Valliammai Achi vs Nagappa Chettiar, emphasizing the testators intent, and Kamla Devi vs. Kanchan Devi, discussing rights when a bequest lapses. Consulting a local lawyer is advisable for detailed guidance.

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The will don't provide any share for them stating them as all happy in their family
In this situation, if the will explicitly states that Sons A and B have no share because they are "happy in their family," then Son C can claim his share based on the will's terms. If the husband predeceased the testator and the will doesn't mention what happens to his share, it may lapse. Would you like assistance in connecting with a local lawyer for detailed guidance?
Tell that lapsed share will go to son c if no clause for this situation present
In this scenario, if the will does not specify what happens to the husband's share after his death, and if Sons A and B are explicitly excluded from receiving any share, then Son C may be entitled to claim the lapsed share. It's essential to consult a local lawyer for precise legal advice tailored to this situation. Would you like assistance in connecting with a local lawyer for detailed guidance?
Tell case laws that son c and take
Case Rating: *
In this case, the interpretation of the will is crucial. Here are some general case law principles that might apply:
- Valliammai Achi vs Nagappa Chettiar: Emphasizes the importance of the clear intent of the testator in a will.
- Kamla Devi vs. Kanchan Devi: Discusses the rights of beneficiaries when a bequest lapses due to predeceased legatees.
Since this might be a high-value case, would you like to connect with local lawyers who can better assist you with your case?