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
I am asking only for Ravi's Mother 1/3rd part which are not yet divided.
Ravi’s mother (1/3 undivided share) 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?
Asked 3 years ago
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.
I have got above answer from one of Advocate in this forum.
Is Ravi's daughter can claim 37.5% from Ravi's Share in the partition suit? Please share your opinion also.
Asked 3 years ago