• Can legal heir do will / settlement / gift deed on undivided share?

A person named Ravi (Hindu Family) & His wife passed away in 2019 & 2021. No WILL. 
Ravi's mother, son, and daughter are legal heirs as per Ravi's legal heir certificate. 
Ravi's all properties are Ravi's own earned properties. Till date, Ravi’s properties are not yet divided among legal heirs. No partition deed too.
Still all properties in the name of Ravi.
Ravi’s mother can still write a WILL or settlement deed or gift deed on Ravi's undivided properties to Ravi’s son ONLY without the knowledge of Ravi's Daughter?. Is it Valid?
I am looking for an answer to the above with solid proof like a court order or judgment of a similar case. Anyone help me out.
Asked 3 years ago in Property Law
Religion: Hindu

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22 Answers

After death of Ravi, all his self acquired properties acquire character of ancestral  property in which all his legal heirs including mother, son and daughter will have equal share. It is not legal for mother of Ravi to transfer all properties to any single legal heir daughter or son. Such transfer will be illegal and can be successfully challenged and cancelled by Court. Ravi’s daughter is entitled to equal share with son. This is the law.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Mother can execute will for her undivided one third share in property in name of her grand son without grand daughter consent 

 

2) will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

1. On the intestate death of both Ravi and his wife, the property would devolve equally to Ravi's mother,  his son and daughter in 1/3rd share.

2.  Late Ravi's mother can execute a WILL, only to the extent of her share of 1/3rd in the undivided property to anyone, including only to  Ravi's son. Ravi's mother shall not have any right to bequeath the entire property to Ravi's son only, as Ravi's mother is entitled to only 1/3rd share. This is as per the Hindu Succession Act, 1956.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Ravi's properties shall devolve equally on all his legal heirs  upon his intestate death.

Ravi's mother, as a class I legal heir is entitled to a share at par with other legal heirs in the properties left behind by deceased Ravi.

Ravi's mother can bequeath her own share alone out of the properties even if it is undivided, to any person of her choice by writing a Will.

She cannot transfer the entire property to anyone's name.

If you are looking for acquiring your share as one of the legal heirs and suppose the others are not cooperating for division of property by a partition deed, then you can approach court with a suit for partition seeking separate possession of your legitimate share in the properties. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Dear Client,

According to Hindu Succession act all the legal heirs will be equal share depending on the class of legal heir they belong to. She cannot write a will if she doesn't own the property. The daughter will have a right in share of the property until she relinquishes it. The will won't be valid.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Yes it can be done by legal heir through registered deed

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

She can execute will or gift deed or settlement deed for her one third share in property without consent of Ravi daughter 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

She can very much execute such will to the  extent of her 1/3 share. It is a matter of proper drafting something like this, “I bequeath my one third share to ……as and when property is divided my share shall go to…….” She can even register a gift deed on her unascertained one third by registering a contingent gift deed.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Ravi's mother can execute a Will in favour of any person, only to extent of one-third of the total estate of Ravi. She would not required any person's permission or consent to will her undivided share in her son's property.

She cannot execute a gift deed as yet as the legal heirs are yet to be determined by the court for which any of the legal heir will have to approach court by filing petition for grant of letters of administration.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes, Ravi's mother can bequeath her 1/3rd undivided share to Ravi's son only by executing the WILL, without the knowledge of Ravi's daughter. It will be legally valid.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

After the intestate demise of Ravi in 2019, his estate devolved automatically upon his then surviving legal heirs, namely, his wife, his mother , his son and his daughter equally, with each inheriting 25% undivided share. Upon the intestate death of Ravi's wife, her 25% undivided share of Ravi's estate devolved on her son and daughter equally. As things stand now, Ravi's mother's share is 25%, and his son's and daughter's are 37.5% each, all undivided. Ravi's mother may very well release her 25% undivided share in favour of Ravi's son by way of a deed of relinquishment, which has to be duly registered. Consent of Ravi's daughter is NOT necessary at all for the purpose.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Yes she can do so. 

There's no legal infirmity in it. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

- As per law, after the death of Ravi intestate , his share in the property would be devolved on his legal heirs equally , i.e. mother , son and daughter will have 1/3 rd share respectively. 

- Further , each legal heirs can sell or transfer their respective share to any one without getting the consent of other legal heirs. 

- Hence, Ravis mother can write a WILL or gift deed for her 1/3rd share , in favor of anyone washout getting consent of others. 

- Further, if no partition /settlement has taken place , then in the absence of property description , she cannot write any document or transfer her share in the property . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Ravi's mother can convey title of her undivided share of Ravi's properties in favour of her grandson by registering a Deed of Conveyance or by executing/registering a  Will in his favour

 

2. In case of Will, Ravi's son will have the title after the death of his mother and alsop after obtaining probate of the Will.

 

3. Ravi's mother won't have to take consent from anybody in any manner to  convey the title of her share of the said property in favour of anybody as per the well settled principle of law.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes, such transfer of the title of her undivided share of properties which she had inherited from Ravi, since deceased, in the manner and as explained in my earlier post, is valid as per law.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

In partition suit daughter can claim her 37.5 share in property 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Yes, Ravi's mother can relinquish her right in share of the property through a registered relinquishment deed in favor of another co-owner (Ravi's son)

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If Ravi's wife died after the death of Ravi then her share in the property i.e., 25% share in the property shall devolve equally on her own legal heirs i.e., her children.

That way the property shall now stand divided at 25% to mother of deceased Ravi and balance 75% among his children.

Therefore Ravi's daughter is entitled to 37.5% share in the property 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

It has to be divided between both son and daughter in absence of any will from the testator. 

Yes she can claim if the property of father is self acquired and he died without will

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Yes, Ravi's daughter can legally claim her 37.5% undivided share in Ravi's estate in a partition.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

- After the demise of RAVI , his property would be devolved upon his legal heirs equally i.e. his wife and children only.

- Further, they can release their respective shares in the name of mother after executing a registered released deed, to make her single owner.

- Yes, after the demise of wife , her share can be claimed by her children equally . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Your primary question was whether Ravi's mother can convey her share of the property in favour of her grandson or not without the knowledge of her granddaughter.

 

2. Under the stated circumstance, Ravi's daughter is entitled to 37.5 % share of the said property & his son will be entitled to 62.5% share of the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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