My grandfather died in Aug 2004 without a will. He left behind my grandmother, my father and two auntie. We have not transferred our name in property card due to ignorance. My father died in Jul 2012. He left behind my mother, son ( myself) and daughter. My grandmother died in Mar 2020. But she prepared a will giving majority of property to my aunties and very little to us. There is no transfer of names in property documents yet. My query is: 1) Whether the will prepared by my grandmother for the whole property is legal? 2) Can property still be transferred to our names even after death of my grandfather in 2004?
After grand father demise, his property inherited in his children and wife by 1/4th share each. And your father 1/4th share inherited in your mother, you and daughter.
Grand mother can bequeath her 1/4th share and will is valid up to her share. Still aunties have bigger share. Till aunties do not release their share, only 1/4th ownership will transfer in you 3 name.
Will prepared by grandmother would not be valid
2) your grand mother could only bequeath one fourth share in property
3) file suit for partition for division of property by metes and bounds
- Since, the grandfather died without a WILL , and further the property was not divided amongst his heirs , i.e. your grandmother , your father , and two auntie, hence none having right to transfer any portion of the property without deciding their share , as the property remains ancestral .
- Only after the division/partition of the property , it becomes a self-acquired property and the shearer having right to transfer their respective share to any one as per wish.
- Hence,
1. The WILL prepared by your grandmother is not valid , as she was not having her right to give any portion of the property left by your grandfather to your aunties.
2. Yes, after the demise of your father , you people ,i.e . your mother, you and your sister are having right to claim one fourth share of your fathers share from the whole property , including the share given to your aunties.
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1. In the absence of a WILL of Grand Father (GF), his property shall be divided "EQUALLY" between Grand Mother (GM), Father, 2 Aunties (25% each).
2. GM, can execute a WILL for her limited share of 25% ONLY, but NOT for the full property, in any manner, whatsoever. Such will for full property is legally null & void.
3. Yes. you are legally entitled to Proportional Property of 25% belonging to your Father. However for this you would need to file a Partition Suit in the local Civil Court, with supported documentary evidences & witnesses.
1) Whether the will prepared by my grandmother for the whole property is legal?
Answer: For Whole share the answer is a Big "No". For only the share of your grandmother than the answer is "Yes".
Because the property will get divided into four grandmother, your father and two aunties. means Grand mother 25%
share can be given to aunties as per WILL.
2) Can property still be transferred to our names even after death of my grandfather in 2004?
Answer: Yes, you are the legal heirs of your father's share. your mother, sister and you.
1. The bequest made by your grandmother by her Will shall not be valid insofar as the entire property is concerned, she can bequeath her own share in the property in favor of her daughters and not the entire property.
2. Yes, your father's share can be inherited by his legal heirs ii.e. your mother, your sister and yourself.
You can file a partition suit and seek partition of property equally and to allot one such equal share to your family.
You three are entitled to acquire your father's share in the property jointly.
1. ON the demise of your grandfather his property devolved equally on his widow and all children. Hence, your grandmother could have bequeathed only her 1/4th share in the property, not beyond it. The will made by her is illegal and void. You are free to file a suit for declaration to declare the will as void and non est in the civil court.
2. Also seek injunction against creation of third party rights during the pendency of the civil suit.
Please advise if below understanding is correct or not: 1) Since my grandfather died in Aug 2004 (before 2005 amendment of property law), my two aunties cannot inherit property from my Grandfather. And my grandfather's property to be divided 50% each between my grandmother and my father. 2) After death of my grandmother in 2020, her property to be divided equally between my father and my two aunties. i.e. One third each of 50% share inherited from my grandfather
I presume it is self acquired property of grandfather
2) on his demise your grandmother, father and 2 aunts ha ve equal share in property
3) if grand mother died intestate then her share in property would devolve on father and 2 aunts equally
1) This rule is applicable for ancestral property of undivided share your is residential property. And secondly its not divided yet so todays rule will apply and the law has changed as per latest citation of SC.
2) All legal heirs will get equal share means now the property will get divided 1/3rd to each.
1. The property in the hands of your paternal aunts is not ancestral instead it is their father's proeprty hence as per the Succession act they are entitled to inherit their legitimate share in the property as one among the legal heirs at par with your father and his mother as a right.
The amended act in the year 2005 has nothing to do with their rights, they cannot be deprived of their rights by quoting the provisions of law irrelevant to this situation.
2. Whether after death or during her lifetime, yor aunts are entitled to their legitimate share in the properties left behind by their father who is reported to have died intestate.
Incorrect information.
Aunties inherited 1/4th share each on the demise of their father.
Your grand mother can bequest her share through will as far as her share is concerned as per the will.
you can file partition suit in civil court.
property is a self-acquired property by grand father, your grand father died without making a Will, his property will be distributed among all his legal representatives in an equal share..
1. The will by grandmother will not be considered legal if she is not owner of complete property for which she make the will.
2. Yes you can try challenging the transfer of property to grandmother name on ground that you didnt have knowledge about transfer of property on your grand mother name.
1. 2005 amendment applies to only ancestral property, not self acquired or separate property of a Hindu male. Hence, it has no application in your case if the original owner is your grandfather.
2. Your grandmother had no legal competence to bequeath more than her own 1/4th share.
1. Yes
2. Yes it can be transferred
1. Woman have rights by birth now as per person the 2005 amendment interpretation by supreme Court
