Legal Advice

Share of beneficiary in the will

Question: My dad made a registered WILL and in that WILL mentioned that any ancestral property in his name will be transferred to stepmother's name and my name. Can she get 50% share in that property?

Advise

If the testator explicitly stipulated the beneficiary’s share in the testamentary will, that designated share will be allocated to them. In the absence of a specified portion for the beneficiary in the will, the beneficiary is entitled to an equal share.

In accordance with the details of your case, where there are two beneficiaries and no specific share is mentioned for each, both beneficiaries will receive a fifty percent share in the property.

Shivendra Pratap Singh

Advocate

High Court Lucknow