Ancestral property transfered without knowledge
arunkumark
(Querist) 07 March 2012
This query is : Resolved
My brother in law has transfered the property of my father in law( his father) on his name without giving any share to his sisters on basis of fabricated will.the said property is a ancestral property and not earned by my father in law.my wife doesnt want to spoil the relation by fighting for it.Now i have decided to challenge it through my daughter who is a minor.Please advise whether it will stand in court of law.
Kirti Kar Tripathi
(Expert) 07 March 2012
Only legal heirs of your father-in-law have a right to challenge. .Till your wife is alive, her daughter can not challenge.
Raj Kumar Makkad
(Expert) 07 March 2012
You cannot do it without the direct intervention of your wife. If your wife do not challenge, there is no chance of success of your efforts through your minor daughter.
Deepak Nair
(Expert) 07 March 2012
Well advised.
Only your wife has the right to take any legal action and not you.
arunkumark
(Querist) 07 March 2012
Makkad sir,Thanks for immediate reply.Again i draw your attention to the ancestral property which is not earned by my father in law.Then how father in law can dispose it by will.
Adv.R.P.Chugh
(Expert) 07 March 2012
Dear Querist,
You need to understand that after 2005 amendments in the Hindu Succession Act, 1956 only the daughters were made coparcenors, i.e they had equal rights with their brothers, and their sons upto four degrees from the last male ancestors - if offcourse the property is ancestral. The fact that the daughter was married and had children was of no consequence. Her children did not become members of coparcenory of their mother, meaning thereby as aforesaid - no right during the lifetime of their mother - for the simple reason as
i) It would have led to double coparcenoryship. Your kids would have been members of two different coparcenories.
ii) A woman/daughter is not a source of coparcenory. The idea of 2005 amendments was to give greater proprietary rights to daughters, but not to confuse the entire concept of coparcenaryship.
To cut the long story short - only your wife can ask for the same - and not you and not your daughter.
Shashikant V. Patil
(Expert) 07 March 2012
As per your facts , the said will is fabricated then, the same may be callenged in the court.And same can be challenged by other co-parcerner as stated by our experts i.e your wife and not through your daughter (minor).
