• Divorce after RCR decree

My Grandma (Father’s-Mother) had written and registered a will for her self-acquired (own earnings) property in 1945 stating:
My father has only the rights to enjoy the property and after his death, his male heirs (my brothers) can enjoy, sell or do anything of those properties.
1.	The will was made before my father’s marriage.
2.	My grandma was died on 1978 meanwhile some of the property has been sold to third parties and few has been gifted to my father. Now few were left in her name.
3.	I don’t feel that the old will has been cancelled or a new will has been made again.
4.	My father was died on 1997.
My Question: 
1.	Do we daughters have right to claim a share in those property which are gifted to my father by her?
2.	Is this will a valid one? Do we get a share in my grandma’s property also?

Thanks in advance and regards,
devi
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

1) i presume will is attested by 2 witnesses 

 

2) will is valid 

 

3) grand daughters have no share in grand mother properties 

 

3) you have equal share in properties standing in deceased father name 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. Since your father did not get an exclusive rights over the property left by his mother, the same can not be treated as his ancestral property.

2. In absence of any exclusive rights of your father over the same, the law of inheritance in your favour does not open in respect of those properties.

In other words you do not have any share in the property left by your father which received from your grand mother.

However in his self acquired properties or properties left by your grand father is liable for equal division among your siblings. 

 

 

Devajyoti Barman
Advocate, Kolkata
22777 Answers
484 Consultations

5.0 on 5.0

1. The residual property of Grandmother (GM) (remaining property after Sale /Gift) is legally valid and effective in favor of Father and shall be construed as belonging to Father.

2. ALL the daughter/s and Sons (Residual Legal Heirs) of Father are entitled to Equal share in Father's property PROVIDED he had not executed any WILL document.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

IF Will is not cancelled and still exits with male heirs, daughters have no right on those properties which were not gifted and sold. 

Which ever properties gifted to father, daughters have equal right with brothers.

Will is valid if duly executed and attested by 2 witnesses at least.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. It has to be proved before the Court of Law that it is a valid WiLL. Once tested you are entitled to a share.

Regards 

G.Rajaganapathy 

High Court of Madras 

 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Amendment of hindu succession act in 2005 gives daughters equal share in ancestral property 

 

2) in present case it is self acquired property of father 

 

3) property which has remained undivided for four generations is ancestral property 

 

4) for partition suit enclose copy of documents of title by which father purchased property 

 

5) partition suits take 15 years to be disposed of 

 

6) your brother possession would not affect your case 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Well if there are no mae heirs then the property shall be divided as per the Hindu law.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

But if there are male heirs ie your brothers then they have a claim to the property as per the will. Now it is not a question of partition as your grandmother didn't die without a will.

The will shall be enforced.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Hindu Succession Act 1956 came into force in 1956, In 2005 it was amended in whcih married daughter got share in father`s HUF and birth right in ancestral property. 

You need not to bother you have inherit eqaul right in those properties whcih were gifted to father.
You have to submit detail of properties and date wise event.
Case takes time but court will decide your share in the beginning of partition suit.
Partition will done on metes and bound basis.
NO, only make sure, mention that your share was denied by brothers now only.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

- Under the Indian Succession Act , a WILL is a legal declaration of the intention of the testator, with respect to his/her property which he/she desires to be carried into effect after his/her death.

- Hence, after the death of your grandma , the same WILL is existed , and further after the death of father , male heirs only are having legal right over the same, even the said WILL was made before your fathers marriage.

- Further, since your father died without leaving any WILL, hence as per law, you daughters are having equal right in the property left by your father. 

1. No effect , you can claim over the property , because your father died intestate. 

2. Before filing the suit , you sisters should send a legal notice to your brothers,and thereby ask share into the same.

- If no response, then you can file the partition suit on the ground of that legal notice. 

- But, if you are not in possession of any portion of that property , then you will have to pay court fee for the demanded portion . 

3. It may take 2 to 7 years , if contested by brothers , otherwise there may be a settlement . 

4. Court will decide for the same. 

5. No, enjoyment is not enough for claiming ownership . 

- Further, if the WILL left by your grandma is not probated ,then you can challenge over the same as well. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

 this bill is in force to claim the title of the property by your brother so far as the claim and the property is concerned it is contestable and your brother will definitely contest that the entire property which was who built your father is belong to him only so far as the partition is concerned you have to file partition suit with coat providing are the documents relating to the properties you are looking to divide please also note that as they will is contestable so your partition suit will also be lintu that suit and may be  sided together

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If she doesn't have any will then yes. Otherwise no. 

Documents about title and proving your heirship. 

It takes time in trial of suit. 

It will be shared equallly among heirs

 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

1. If your father had died intestate (without executing a WILL), then on his intestate death, the property would devolve equally to all his Class-1 legal heirs, i.e., mother (if alive), wife and children (sons and daughters).

2. The amendment to the Hindu Succession Act 1956, which was amended in 2005, does not apply in the instant case, since the property in your father's hands was his separate property and not ancestral property and this property will have all the characteristics of self acquired property. Hence on the intestate death of the father, all his Class-1 legal heirs are entitled to equal share in the property, including daughters of the deceased father.

3. Even though your father died in the year 1997, much before the amendment to the Hindu Succession Act 1956, in 2005, it doesn't affect or alter the daughters' entitlement to their father's separate property, since the amendment applies only to the ancestral property.

4. If the daughters' want to file a case in the competent court for declaration, partition and separate possession of the property by metes and bounds, then they have to submit documents like copies of sale deed, patta book, family tree, father's death certificate, etc.

5.  It's difficult to quantity the time that will be taken by the court in passing the final verdict. However such disputes may take minimum of one to two years at least.

6. The partition will be made by metes and bounds, after taking concurrence of the affected parties. If it's inconvenient, the property can be sold by all the legal heirs and the proceeds can be distributed equally amongst them.

7. Just because your brothers are in possession of the property, it doesn't affect the case.

 

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1. If your father is reported to have died intestate then the properties lying on his name including this property which was transferred to his name by a registered gift deed, shall devolve equally upon his legal heirs consisting his wife and all the children, hence you are entitled to a legitimate share in that property.

2. As per the Will, if your grandmother had made a transfer by a testamentary disposition  of the properties mentioned in the Will, then those properties shall be acquired by the beneficiaries named in the said Will. If the Will has not been enforced by the beneficiaries then you can claim a share out of your father's share in that property too.

3. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. The latest amendment to Hindu succession act has nothing to do with your rights  to succeed to your father's property who is reported to have died intestate, limited to your legitimate share in the said property.  

2. You may obtain the property title documents on the name of your father i.e., the registered gift deed on his name, if it is not available then you can obtain a certified copy of the same  from the registration department.

Besides you may obtain legal heirship certificate, death certificate of your father, the parent deed showing your grandmother's title to the proeprty, her death certificate, and other documents to prove your identity.

3. It may take at least three to four years.

4. It will be decided by court on the basis of provisions of law in this regard.

5. No, since you have rights in the property you can file a partition suit.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. There was only a life interest created in your father's favour. A life interest holder cannot alienate the property.

2. The properties which are gifted to your father became his separate properties. Since separate property is at par with self acquired property the devolution of former is also in the same manner as latter. Hence, the property gifted to your father devolved through intestate succession on his Class 1 heirs who are his widow and children. The share of daughters is at par with that of sons in it, which they can cull out by filing a suit for partition in the competent civil court.

3. The will has to be valid. You cannot challenge the will.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Hindu Succession (Amendment) Act, 2005 applies to only ancestral property, not to self acquired or separate property of a person. Hence, it has no application to the facts stated by you.

2. Documents required are the gift deed executed in favour of your father and his death certificate.

3. Civil cases take time, around 3 years.

4. Court will decide how to divide the property, and to this end it can appoint a Court Commissioner.

5. Possession of properties by your brothers does not uproot your rights and remedies,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes daughters can claim share from properties of father which were gifted to him by his mother as they become self acquired properties of your father.

2. Yes you can file partition suit challenging the will of grandmother.

3. Properties under partition suit divided according to metes and bounds.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The Law of Limitation will prohibit the daughters from challenging the gift.

If property is transferred through registered gift then daughter cannot claim or challenge.

There's no expiration date on a will. If a will was validly executed 50 years ago, it's still valid.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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