Hi, Deceased grandfather is survived by wife and only one son who is married & have two children, (both adults, a son and a daughter) this is Grandfather self-made property. Now my question is:- can the grandmother along with her son (her son is timid & fully in her control), favor one grand child and by way of "will/gift" & give grandson entire property of the grandfather's property without the consent of other grandchild (the granddaughter). The grandfather passed away 8 months ago (June 2015) Both grand children are settled abroad & I am their mother. Also can she ask for her share legally? We believe that grandfather could not write a "will" due to his serious health problems during last 4 years before his demise. He was bedridden, could not talk, immobile all four years. It was learnt reacently that grandmother & girl's father were consulting lawyers to neatly pass-on the property to only one grandchild! -A distressed mother
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1) it is grand father self acquired property
2) on his demise grandmother and son are only legal heirs
3) they can bequeath , sell , transfer property as they please
4) grand children have no rights on said property
5) consent of other grand child is not necessary for sale or gift of the property
Thanks! Even if its a HUF property?
it is your own case that it grand father self acquired property . hence grand children have no share in said property during their father lifetime
The legal heirs of a deceased Hindu male are his widow and children. So widow and children, who have succeeded equally to the property of the deceased, can make a will in respect of their share in anyone's favour. They have the right to discriminate among their heirs in so far as the share ratio is concerned.
The proposition remains the same even if it is HUF property.
can the grandmother along with her son (her son is timid & fully in her control), favor one grand child and by way of "will/gift" & give grandson entire property of the grandfather's property without the consent of other grandchild (the granddaughter)
First of all this is grandfather's self acquired property. After his intestate death the property shall devolve on his own legal heirs consisting of his wife and only son (your husband).
Thus your husband and your MIL are the co-sharers of the property and absolute owners. They both can jointly execute a registered gift deed to one grandchild alone, there is no legal infirmity to it. The other grandchild (your daughter) has no claim for any share in it because it has no rights in the property. Therefore her consent is not at all necessary, at least legally for effecting the said transaction/encumbrance.
Also can she ask for her share legally?
NO
-A distressed mother
Nothing can be done legally.
Even if its a HUF property?
Self acquired property shall not fall into HUF category.
The meaning of HUF property is totally different from your understanding about the property under this query.
This self-acquired property was registered as "HUF" by grandfather in anticipation of such behavior from them and to save all family members from injustice including daughter-in-law as well. He was intelligent & was determined to draft and register his "WILL". Having no access or info about his "WILL", how can the granddaughter legally ask through court about the existence/contents of the "will" Thank you!
1) once property is registered as HUF and karta dies intestate on his demise his son would be the karta .
2) Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, states that a coparcener is entitled to bequeath his share in a joint Hindu family property by testamentary disposition (by executing a will) or intestate succession. Thus, your grand mother and father can bequeath only their share in the joint Hindu family property and not the entire property of the HUF, as the entire property doesn’t belong to him and he is entitled to only a particular share in the said property.
3) your father is entitled to bequeath his personal property to any person if he so desires
Having no access or info about his "WILL", how can the granddaughter legally ask through court about the existence/contents of the "will"
Having said the above, how at all you have an information about such a Will.
Further if the grandfather has absolute and marketable title to the properties the Will reported to have been executed by him shall stand legally valid in the eyes of law.
On the basis of some vague information , you may apply for search of documents with the registrar's office and on payment of applicable fee, yo or lawyer would be allowed to make a search of the registered will and subsequently you may apply for certified photocopy of the desired will.
A title search is required to be conducted in the office of sub-registrar to ascertain whether any will has been made by the grandfather or not.
she cannot execute Will because she is not in fit state of mind. after her death this property shall be treated as ancestral property and it shall be devolved according to law of inheritance. your children have vested interest in the property and they can claim their right in the property after death of grandmother.
