In gujarat Two siste A and B (farmer )get land as ancestral property and their names are in joint 7/12. Sister B merried with non farmer person C . Now couple C and B gets older and they have no any children so person D serve them . Husbnad C make will that all his property will given to adopted son D. Now C dies. B didnt make any will and she also dies after C.So my question is the ancestral property of both sister A and B, is there any share of B's husband C? Can person claim in land by the will made by husband of B? Or whole land will be given to sister A? I think husband is not a farmer so he can not get share in wife's ancestral property and as wife didnt make any will so person D also can not get share in that property. Please point out if person D can get shre any how in this share.
1. Since C alone had share in the proeprty and not her husband.
2. Now if C died beofre then on her death her husband will get the proeprty and then he could give thi to person of his choice.So if the Will is executed after death of C then it is valid.
3.Now if D was legally adopted then on death of C inherits the proeprty by law of succession even if there is no Will.
First try to understand whether the property is ancestral one or joint property of A and B. Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common.
The Hindu Succession Act 1956 did not give daughters the right to inherit ancestral property, unlike their brothers who were considered sole heirs. Women could only ask for sustenance from the family. This changed with an amendment that came into effect from September 9th, 2005. While this was seen as a huge victory for Indian women, the Supreme Court's latest stance has left many disheartened, while the same condition does not apply to a woman's male siblings or the male heirs of the family.
If so the will created by C is not sustainable . after the death of B the share in the property transferred to her husbands heirs under hindu succession act. The same time the A share is kept in A hand.So perusal of will is importantthen only can give a clear opinion about the land and its right of D
1) No person D won't get any share in the property. Because the will made by Person C is died before Person B.
2) Person B has inherited ancestral property and she has died after her husband, any how the property did not get transfer on her husband's name so how he can perform will of the property which he doesn't own.
1. The property was of B and A who were two sisters.
2. The husband (C) of B pre-deceased B. C could not have made a will in respect of the properties of his wife B as during the lifetime of B he had no share in her properties. So the bequest made by him is illegal.
3. Notwithstanding the incompetence of C to bequeath the properties of his living wife B, if the adoption of D was valid then the properties of C will nonetheless devolve on D according to natural succession.
4. If, however, the adoption was not valid then the sister of B can file a suit for declaration of the will as illegal and claim her share in the properties.
You are right, D will not have any share in the Property. The Property belong to B alone. C (whether agriculturist or not) will not have any right in the property of B.
After B's dying intestate, the share/property of B will devolve as per the Hindu Succession Act, and since this particular property was bequeathed by B from her ancestor, this property of B will devolve upon the legal heirs of B's father.
SO D will not have any share or interest in this Property.
Feel free to contact for any further questions. I am in Ahmedabad
Your facts are not clear
2) was D formally adopted by B and C
3)if C died before B then only property owned by him would devolve on D
4) on demise of B her property would devolve on adopted son D
5) if there is no giving and taking ceremony performed for adoption ofD then on demise of B property would devolve on A only as her husband predeceased her
In the ancestral property of A and B, C has no share.
D cannot claim a stake in any property which is outside the will left behind by C.
Thus, D has no claim in the ancestral property of A and B.
Now my main problem i am going to discuss here realted to above situation. B died in 2006 and C died in 2011. So wife died before husband.The land was not ancestral land but in joint A and B . Both are sisters. D was not leagal adopteb but only formal. There is no leagal evidence that claim D is legaly adopted. The will was made by C (husband of B)when B was alive declairing all C's property to D after his death and note that D is son of A. In 2013 A made varsai (pedhinamu) and cutout name of B as there is no children and husband alive as to get the the whole land in name A. I bought that land(N.A. Tital clear) before 4 years in 2014 /15 from A ( B 's name is cutout in 7/12 by varsai in 2013 ). When i bought the land there is only one name and owner in 7/12 of A. After 4 years person D ( who is son of A and know all this matter)comes to claim there share in this land by Will made by C and file case against me as i deed cheat and claim his share in land by the will made by C. ( even in these 4 years he was known all these procedures of land purchasing and all but there is no writing document that he is aware of this all but all people are shaksi of this even A is ready to declair that all this wAs known by D) now the document of will is decalring that after death of C ,D will get all his known and unkonwn property. And by this WILL he comes to claim his share in this land (they never present this will whenever purchasing procedure was happning... person D also know he is cheating me but by some family dispute he is doing this all). Can i file case of fraud aginst whom? Plus by will person D can caim his share in the land legaly? Point out notes which can benefit me in this case.
Can person claim in land by the will made by husband of B? It is the D Ad.son who can claim as per the WILL
Please point out if person D can get shre any how in this share - Ad.son is on par with natural son as per HAM act and therefore, he is entitled as per law to inherit B's share.
Can i file case of fraud aginst whom? When the matter is related to land, only the trial court where the proceedings are conducted can accept the petition of fraud.
At-last, whether D legally adopted or not, if he acquire rights through WILL from C. Then you need to challenge the validity and execution of WILL first.
As per the will yes...
1) since D is not adopted he would have no share in property standing in name of B
2) however on B demise in 2006 husband C would inherit her property
3) on C demise as per will D would inherit 50 per cent share in land
4)amicable settlement with D is best option
5) you can sue A if any case is filed by D to claim 50 per cent share in proeprty
1) Please arrange consultation call will guide you further.
Before answering you further, could you please clarify, if the property was inherited by A&B from their father, or whether such property was gifted by their father or purchased by the father in the name of A&B. Based on the answer to the above, i can give you my opinion. The mode of succession is depended upon the mode by such property was acquired by B.
If property was inherited by B from her father, then you have not to worry. There are several judgments of Supreme Court, and High Court which will favor you and D will have no case here.
Feel free to contact. I am based in Ahmedabad
1. Initially you said C died before B, now you have reversed it.
2. You say that C made a will to bequeath all his properties to D. There is nothing wrong in this as C had the liberty to make a bequest in favour of anyone including a stranger.
3. D can file a suit for declaration of his title to the properties bequeathed to him by C and recover the possession of it from you.
4. You can file a criminal complaint of cheating against a.
The property acquired by a woman from her parents house, upon her death and there are no surviving class I legal heirs then the property shall devolve on her parents or their legal heirs.
If the son D was properly adopted by a registered adoption deed, then he becomes her class I legal heir, if not then he is not entitled to any share in that property.
Since D is not a legally adopted son, he cannot get any share in the property as a right.
The property in the name of deceased B will automatically devolve on her own class I legal heirs.
The only surviving class I legal heirs of B was her husband C.
Therefore C is, even otherwise, entitled to succeed the properties left behind by his wife B during his lifetime.
But since D is not his legally adopted son he is not entitled to claim the rights in the property as their legal heir.
However if he probates the Will of C in his favor, he has a chance to take his claim for the property and his suit may be maintainable.
Hi, in this case D can' claim any share of the property in question.
