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Chinnappan (CEO)     07 May 2016

Hindu succession act

My father-in-law had 5 sons and 4 daughters, All of them married and settled. In 1992 they created a partition deed and shared the entire property among six (fatehr and 5 sons). This partition deed is not registered. The father died in 2010 and he created a will (before his death) in favour of one of the grand sons trasferrring all the property held in his name (1/6 the share) to that grand son, though he has more than dozen grand children. In the will he has not passed on any thing to the daughters. The property held by them is a nucluise of the grand father from which they have developed the entire estate which was shared by the sons only. 

Whether the daughters have any right to claim from the estate and if so, how much?

Shall appreciate any one can help is this matter



Learning

 5 Replies

Kumar Doab (FIN)     07 May 2016

The father died after 2005, so daughters should have share.

The father left WILL and if it mentioned 1/6th of the property then 1/6th or else entire property shall be bequeathed to beneficiary.

If parition deed is not registered then it may not be valid. Oral partition shall have to be proved.

Settle amicably and register a family partition deed.

adv.bharat @ PUNE (Lawyer)     07 May 2016

As will is not registered then it is not valid. Also as father died in 2010 then all daughtes have equal right in the property. hence property should be divided by 1/9th among all legal heirs.

Thanks

Kumar Doab (FIN)     07 May 2016

It is not mandatory to register the WILL.

Unregistered WILL is also vaild.

 

Kumar Doab (FIN)     07 May 2016

It is not mandatory to register the WILL.

Unregistered WILL is also vaild.

 

Kumar Doab (FIN)     07 May 2016

If partition deed is not registered abd valid then there is no partition.

If the father left WILL (even if unregistered but valid as per condition for validity of the WILL): and if it is mentioned 1/6th of the property in the valid WILL, then 1/6thproperty shall be bequeathed to beneficiary.

 

If the father left WILL (even if unregistered but valid as per condition for validity of the WILL): and if it is not mentioned 1/6th of the property in the valid WILL, then entire property ( since partition deed is not valid0 shall be bequeathed to beneficiary.

 

Settle amicably and register a family partition deed.

 

Consult an able counsel with copies of all docs on record.

 

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