Partitioned property under Hindu law
1. Mr.A got his share of property 'on partition' done by his mother (after his father's death - who ,by the way, had also got his share on partition).
2. This partition done by A's mother (which took place sometime in 1958 or 1959) ,after Mr.A was married and also had FIVE children(out of Eight),all daughters.
3. THREE more children were born after this partition, one daughter and then last 2 sons.
4. Out of 8 children,as aforesaid, First 6 were daughters and last 2 were sons.
5. A died in 2016 and A's wife in 2018. Even during Mr.A's last days and death, his wife was of unsound mind(she did not even realise that her husband A had died).
6. During father's(A) last two years of life,the daughters asked him about their share in property, to which he replied that only the elder son(who was taking care of them and were living in the said property) knows all the events .
7. After father's death ,the daughters kept on asking the sons about the property and got no answers.
8. After Mrs.A(mother"s) death in 2018 also things were in the dark.
9. After repeated reminders by the daughters, the elder son ,at last around end of 2020, sent by Whatsapp to all the daughters ,a typed WILL signed by their father Mr.A, transferring the entire property to only the 2 sons,with 50% share each , ignoring all the daughters.
10. This WILL is dated in 2008,eight years before Mr.A died. It means A has written this WILL ,without the knowledge of his 6 daughters.
My Question :
1. Do the daughters have right in the property. Please
Explain and quantify.
2. Is my understanding correct in saying that- since A's five daughters were already born even before the partition was made by his mother in 1958 or 59 , Mr.A was holding the property as a coparcenary/ HUF property, and not as a self acquired property and hence did not have the right to WILL away the property to his 2 sons,as aforesaid.(if at all, A had the right to WILL away only his share in the HUF property)
3. If the daughters have their rights ,Please advise how to proceed further.
Yours truly and respectfully ,