If the WILL is registered than your father's chance are bright to WIN the case. If your grand mother limited rights in the partition deeds (elaborate this).
Can limited rights become Full rights if female dies but never claimed full rights in her life.
Hello Sir, My grand mother has 4 children my father, uncle and 2 daughters. My Grandmother got 500 Sqyrds land as part of maintenance partition deed with limited rights in 1960. In 1970, with my grandmother consent, my father and my uncle(father's brother) took 250 sqyrds each and constructed separate houses each. My uncle expired in 2000 and he gave that specific house in 250Sqyrds to my father through WILL and other properties houses and lands to my Aunt as they don't have children. later in 2002, My Aunt alone filed a suit to claim the half share in that house (her husband gave it to my father) as my grandmothers limited right can become full rights due to 14(1) Hindu succession Act. District court dismissed her appeal saying non-joiner parties are mandatory in this suit (my grandmother 2 daughters. they are not interested in joining this litigation) and asked my Aunt to file another suit by including them and also told no document evidence for oral consent from my grandmother for partition. But they filed Appeal suit in high court challenging the district court judgment. Can you please tell me ,Is there any possibility my father wins this house in court. Thank you.
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
- In 1970, father and uncle took 250 sq. yards each. The question is, was it a written consent by way of gift/relinquishment deed registered or through will.
- If the transfer to father and uncle is through registered transfer, than aunt have no right.
- If it is not through registered deed, such transfer is no valid, conferring right on aunt to claim property.
- If transfer to father and uncle is not through registered deed, will by uncle to father is also invalid.
- Aunt has good possibility of getting favorable order.
Your father should apply for probate of uncle will
probate is judicial proof that will is genuine
enclose affidavit of one of attesting witnesses
The Supreme Court has held that Section 14(1) of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14(1) of the Act.
A wife becomes absolute owner of property willed to her for “maintenance” by her husband and can do whatever she wants with it.
It is equally well settled that the claim of Hindu widow to be maintained is not a mere formality which is to be exercised as a matter of concession, grace or gratis but is a valuable, spiritual and moral right.”
Section 14(1) of the Hindu Succession Act, 1956 says a female Hindu shall be the full owner (not a limited owner) of any property possessed/held by her.
Explanation to Section 14(1) says such property includes both movable and immovable property acquired by her by inheritance or in lieu of maintenance or by gift or in any other manner including stridhana.
Now coming to your case;
This property consisting 250 sq. yards was bequeathed by your uncle in favor of your father, if that is the case, your father becomes an absolute owner of this property by the virtue of the Will.
As the trial court has already dismissed her case, it may not be maintainable in high court, but it is not known that what case has been filed by your aunt before the trial court and what was the actual reason that the trial court dismissed her suit.
One way your aunt's assertion that your grandmother's limited estate given as maintenance would mature into an absolute estate under Section 14(1) of the Act.
Your father and his brother acquired the property of your grandmother on their own leaving behind the female siblings of your father.
Therefore your father's brother was entitled to only one fourth share in your grandmother's property who is reported to have died intestate.
Therefore the transfer of this property by a testamentary disposition in favor of your father by your deceased uncle shall be legally valid only insofar ass his share in that property and not the entire 250 sq. yards.
Whatever, your father's brother has already transferred his share of property to your father, hence his wife cannot claim any share in that property which is not existing on the date of death of her husband.
Your paternal aunts are entitled to one fourth share each in that property hence if they are willing to transfer their share in that property they can execute a registered release deed relinquishing their rights in the property.
Dear client I am sorry to hear that but in this case even the daughter has a right over the property and see as alright to claim the same
Not possible to predict who wins or loses
you want an answer to your query without showing the papers?
it appears your aunt filed a partition suit. so the legal heirs of your GM have to be made parties
the district court has dismissed the suit with a liberty to file a fresh suit by impleading the daughters
instead of dismissing the suit the Court could have asked your aunt to amend the suit to join the daughters
so the HC may interfere and restore the suit to the file of the district court
is your aunt claiming that her husband's Will is not valid ?
your question is bereft of particulars and it is not possible to opine without all the necessary details
asking questions like whether there is a possibility for your father to win the house is highly inappropriate
lawyers are not astrologers to predict who wins or lose
you have to approach a competent lawyer, show him all the papers and then take an opinion about the possible outcome of the suit. in any event it is unprofessional for a lawyer to predict the outcome of a suit. all he can do is to put in his best efforts to get reliefs for his client. what if a lawyer says that your father will win and the judgment comes against your father?? so kindly dont ask such inappropriate questions
Yes he has case on merits
