hindu property right

Querist : Anonymous (Querist) 07 August 2010 This query is : Resolved
One of my relative lady have two daughter only (No son, and husband also died) and her father in low made Will in the favour of his other son and grandsons. Father in law also died some time back. Could the girls who are married have any right in the property? If yes how? This is hindu family.

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S. Bharath (Expert) 07 August 2010
A man can write a will only in respect of his self-acquired properties and properties that have become absolute in his hands. In such case, taking the will at par value, no one other than the beneficiaries under the will can lay any claim over the properties. The will excludes all other claims. In the case that you mentioned, it is worthwhile to examine the history of the property.

s.subramanian (Expert) 07 August 2010
yes. i agree with bharath.

Yamalapalli Haribob (Expert) 07 August 2010
A hindu can execute a will in respect of his self acquired property.But a hindu is not a competent person to execute any will in respect of joint family property and ancestral property.In your case ,it is not mentioned the history of the property.If the property is ancestral or joint family property,the girls also get share as per hindu succession act.other wise the girls did not get any share.

Raj Kumar Makkad (Expert) 07 August 2010
Principally agreeing with the opinion of Bharath, I further add that will is to be established before court of law. If it is shrouded with doubts and is not duly proved as given procedure then the property shall devolve among all legal heirs of deceased including the married granddaughters and daughter in law (daughters and widow of pre-deceased son. So apart from searching the history of the property whether it was ancestral in the hands of deceased or self acquired, it is also to be seen whether the will was duly executed or not and whether such circumstances exist which may prove the mentioned will as shrouded with doubts.

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