On grandmother demise her share would devolve on your mother and daughter in law equally
2) your mother cannot retainthe entire property
Partitioned property
My Grand Father (GF) and Grand Mother (GM) (Mother's parents) had 2 children, 1. My mother (MM) and 2.Her brother (HB). My mother (MM) got married in around 1977 and her brother was married in the year 1989. My grandfather (GF) passed away intestate in 1991 and in Jan 1992 his son (HB) passed away intestate without any issues. In a span of 2 months his wife i.e. my grand mother's (GM) daughter-in-law (HBW) left the home and filed a suit for partition. The suit was decreed in the lower court and was appealed in High court, wherein high court, in Lok Adalat partition, was done by paying the market price for the 1/3 share of the property that came as her share. Due to this, the whole property was retained back by Grand Mother (GM) and only cash was paid to daughter-in-law (HBW) in regards to her share given by the court and this was done before the Hon'ble judges in Lok Adalat. For this, the daughter-in-law (HBW) signed a "Full and Final" settlement deed and left us. Now after few years, Grand Mother (GM) was fighting another suite, wherein she passed away intestate during the pendency of the suite in the year 2018. My mother (MM) filed as Legal Representative petition, during this period other side filed a memo stating that the daughter-in-law (HBW) is also a Class-I legal heir along with my mother (MM). Following is my query: 1. Even after the partition is done and she got separated, is she still a co-parcener and can the daughter-in-law (HBW) become a class-I legal heir and claim 50% of share in the property. 2. Does the following "Section 6 or 6B(Explanations)(2) in The Hindu Succession Act, 1956" can help us in retaining the whole property and what does this mean. Please provide a few judgments.
Asked 5 years ago in Property Law
Religion: Hindu
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16 Answers
1. Daughter in aw is never a class-I legal heir and I am not sue under whose advise she made this mistake. Your mother is a lone class-I heir and she alone is entitled to be substituted in place of her mother.
2. Yes, in the event of death of grand mother intestate , your mother inherit all her proprieties in her sole and exclusive share.
1. See after the grand mothers demise the proeprty of grand mother shall be again partitioned as per the intestate succession so she will have right again and she can claim the right.
2. Intestate rules shall apply on demise of grand mother.
1. The question of coparcener does not arise in the first place as property was not ancestral by any stretch of the imagination. The devolution of the property of your grandmother is governed not by Section 6, it is governed by Section 15.
2. Since your grandmother died intestate her property has devolved absolutely on your mother. Her daughter-in-law does not get anything as she is survived by her daughter.
After death of GM property devolve amoung legal heir MM and Daughter in law equally.
Without consent of Daughter in law your MM cannot claim full rights.
Better Settle dispute out of the court and execute relinquishment deed.
Dear Client,
Dose HB remarried or not ?
On death of G F, his property was inherited by 1/3rd each and on death of HB, his 1/3rd share was inherited between his mother and wife, hence, your Grand mother paid her double amount, wife was only entitle to half of 1/3rd share.
Well on GM`s interstate death, her 1/3rd + purchased 1/3rd share will inherit in your mother and widow of predeceased son.
Hi
1)Since your aunt( HBW) has settled the issue at Lok Adalat and has received money in lieu of her share of property, she is no longer a claimant to the property.
2) Now only your mother(MM) is the legal heir to the said property and she should contest the case either as
a) Legal Representative to Grand Mother(GM) or
b) Set up her independent claim in the same suit.
3) The copy of lok adalat settlement may be submitted to the court to exclude HBW from on going court proceedings.
4) Since lok adalat partition has been effected the matter has to be decided under section 8 of Hindu succession act only.
5) Also lok adalat partitions can never be challenged in any court of law either by legal heirs OR HBW herself
6) Section 6 of HSA is applicable only in case of properties that have been unpartitioned for more than 4 generations. i.e the property should have been derived from your mother's great grand father and it should have been undivided.
7) In order to succeed you should be able to demonstrate to the court that
a) the property was self acquired property of your grand parents.
b) That there was a partition between the grand mother and HBW and
c) Hence the mother is the legal heir as well as legal representative to the present suit
Hope this information is useful.
You can challenge the same in Court. It will be decided through evidence.
Class 1 heirs
- Sons
- Daughters
- Widow
- Mother
- Son of a pre-deceased son
- Daughter of a pre-deceased son
- Son of a pre-deceased daughter
- Daughter of a pre-deceased daughter
- Widow of a pre-deceased son
- Son of a pre-deceased son of a pre-deceased son
- Daughter of a pre-deceased son of a pre-deceased son
- Widow of a pre-deceased son of a pre-deceased son
- Son of a predeceased daughter of a predeceased daughter
- Daughter of a deceased daughter of a predeceased daughter
- Daughter of a predeceased son of a predeceased daughter
- Daughter of a predeceased daughter of predeceased son
- As per the information mentioned in the present query, makes it clear that HBW had already got the share out of her husband’s share, which he would have/ had got out of his share in the GFs property as he GF died intestate.
- HBW can never be look into as a coparcener for a reason that she is the coparcener in her fatherhood family not your mother's.
- And also she has already claimed her share and received the same long time back.
- And HBW is not amongst the list of class I heir, she comes under class II. So chance of her getting anything now is all over.
- You should not be worry about anything and contest the same as eventually you would get succeed.
1. The daughter in law is the wife of her predeceased son who was a class I legaleir to his mother, hence the class I legal heir of the predeceased son i.e., his widow shall automatically become legal heir tothe deceased grandmother.
2. Property distribution is different subject to that of the legal representative in the court in lace of the deceased plaintiff.
We have found a registered will after 2 years written and attested by 2 witnesses by my Grand Mother (GM). The partition deed with the daughter-in-law (HBW) that was settled in lok adalat is also mentioned in the registered will. And all the properties are written in favor of my mother (MM). Grand Mother's (GM) properties are located in AP & Telangana states as the state is bifurcated now. Out of the two witnesses who signed the will, one is no more alive and the other witness has issues due to old age. We are expecting a court case may be fought for one of the properties in future. We are thinking to get the will probate seeing the situation of witnesses, also to be on safer side, for future court cases. We came to know that probate is not required for immovable properties located in AP & Telangana. Queries: 1.Can the daughter-in-law (HBW) claim her share and challenge the will in future. 2.(IMP) What will be the court fees for probate as the property values are now around 3+ crores in telangana and about 1.5+ crores in AP state (if in percentage please provide exact percentage value). 3.Is there an upward limit in court fees. 4.In which state (AP or Telangana) court should the probate of will be filled.
Asked 4 years ago
Advisable to apply for probate
2) probate is judicial proof that will is genuine
3) notice would be issued to DIL
4) court fees for probate varies from state to state
5) you can file for probate in AP or in Telangana
1. See if the probate of will is not there also it is not registered then.she at challange it and you have to contest same also the witness may not be there so better to get same probated.
2. For court gee you need to seek help.from local lawyer as it depend upon state to state.
For probate of will you have to pay court fees. You will have to check court fees act for Ap & Telangana as regards court fees payable on probate. In addition you need to pay legal fees.
1. If the property that has been bequeathed in the Will was already disbursed by a court order and the court has passed a judgment in this regard, moreover there was a mention about this Will in the lok adalat settlement, in my opinion, if the Will is proposed to enforce the properties that has already been settled then, the legal action may not be maintainable.
However if the Will bequest is not for the property that was settled, then other than beneficiary, nobody can claim any share in the bequeathed property.
2. The court fee is a state subject, hence it can be enquired from local advocates.
3. The above answer suits this question too.
4. The probate petition can be filed in either o the state since the properties are situated in both the states.
She can only challenge if she is affected/interested party.
75000 is maximum court fees
The state where will is executed
DIL has no share in in laws property.
No need of probate, registered WILL - presumption of duly executed and valid. Transfer the ownership on the basis of WILL.
Probate can be file where portion of property exits.