succesion
joy
(Querist) 07 November 2010
This query is : Resolved
IF both son and his wife means Daughter in law of lady(HIndu) expired.That lady is living with one more son and his wife.And both expired person survived by their two minors childern .In this case if lady means grandmother of children taken succession from court for her son and daughter in law.For both son and daughter in law she taken the succession certificate with three successor which are both minor children and herself.
1)while taking succession certificate minor children was not with her ,but they were hospitalized and there care was taken by their maternal uncle.Still she taken succession on behalf of children without there presence is this legally correct or any more legal requirement should followed in this particular case?
2)But as per law of succession she can claimed to be successor for her son only while in case of her deceased daughter in law she can not be successor when her two minor children are left.only minors should be successor for Daughter in law of that lady(Lady can be guardian but not successor)?is this correct?
3)If it is correct.Then succession order which she gained from district court is not correct.
And can it be challenged?in what way it will be challenged or under what section?
Raj Kumar Makkad
(Expert) 07 November 2010
Your interpretation is 100% correct. Both minor children are the only successors of the properties left by their deceased mother and succession obtained by alive grand mother of the children qua the properties of their deceased mother is entirely illegal and it can be challenged by both the children through their guardian to be appointed by court. Guardianship has not been obtained by their grand mother in the given facts so maternal uncle can apply for that and grand mother should also be made a party to that petition.
Uma parameswaran
(Expert) 08 November 2010
You can challenge it . If case is pending you can file petition .Otherwise file appeal.
A. A. JOSE
(Expert) 09 November 2010
You have good case for challenging the action of the lady. Please move the court of competent jurisdiction.
M V Gupta
(Expert) 14 November 2010
I entirely agree with Shri. Rajkumar's opinion. Grand mother cannot be the successor to the properties of her daughter-in-law.Not clear how she could obtain a succesion certifiacte in her favor. Any of the next of kin of the minor children can challenge the certificate obtained by her. While doing so they should obtain an injunction against her acting under the certificate obtained by her illegally.
