Hindu succession act
Arun
(Querist) 06 June 2014
This query is : Resolved
Hi,
My maternal grandfather (Hindu) had 4 children 3 daughters and one son, he died in 2007 and at the time of his death he agricultural land worth crores. The property was not purchased by him but was about 3 generations old, now my maternal uncle (Mama) bullied my Nana to make a will in favor of his grandson (My Cousin). Now my Mama sold off the entire land holding without even consulting my mother or the other sisters.
Now my question is
Could my maternal grandfather bequeath ancestral property via a will to his grandson?
can my Mama legally sell of the entire land holding using the will and without my mothers consent?
If the answers is yes, then what is the significance of Hindu Succession Act, Section 6 2005, if a father can siphon off entire share of the ancestral property via a will to his son/grandson excluding the daughters
Thanks
Sankaranarayanan
(Expert) 06 June 2014
You said it is three generation. When the property title changed to your grandfather and how it was changed. Better to approach local lawyer and show the relevant paper.
Rajendra K Goyal
(Expert) 06 June 2014
Consult a local lawyer and show him all the documents.
Arun
(Querist) 06 June 2014
Let's assume for a moment that the said property was ancestral, then what does it make out in terms of my mothers share
Arun
(Querist) 06 June 2014
This still doesn't answer my dilemma, can a father by means of will transfer entire ancestral property only to a particular heir?
V R SHROFF
(Expert) 06 June 2014
ANSWER :NO
So advised to consult local lawyer, investigate 99 years old title, take action.
Kumar Doab
(Expert) 06 June 2014
Agreed with Learned expert Mr. Shroff.
Generically speaking: The succession of your maternal grandfather has opened in 2007 so the married daughters should also be eligible for equal share from the share of her father.
The deceased can not WILL more than his share.
You need to approach a local lawyer handling such cases/revenue matters with copies of all docs on record and proceed under expert advise of your lawyer.
Raj Kumar Makkad
(Expert) 06 June 2014
Well advised by experts hence no more to add.
Arun
(Querist) 06 June 2014
Thanks for the advice Sir but Already consulted one, however he said you have to challenge the will and there's a 50/50 chance of winning or losing, as per him my Maternal Grandfather can bequeath the entire ancestral property to his grandson i.e. my cousin via will and by doing so the ancestral property ceases to be ancsstral
Surrender K Singal
(Expert) 07 June 2014
How did the deceased acquire title of 3 generations' old property ?
Arun
(Querist) 07 June 2014
Let me clear the confusion my great maternal grandfather had about 48 Kille (local unit of a landholding in Haryana) and he had four Sons, upon his death my Maternal Grandfather inherited 12 out of the 48, during his lifetime he sold off another 6 and left 6 at the time of his death and my Uncle, with the help of will sold off those 6 too. Now can he do that?
K.K.Ganguly
(Expert) 07 June 2014
1. Probate needs to be taken to give legal seal on the said will,
2. Without taking probate, the Will is not legally valid,
3. While applying for the probate all the legal heirs are to be sent notices to enable them to contest the Will before the Court putting all their arguments and logic,
4. If probate has not been taken subsequent sale by the so called legatee is illegal which can be challenged in the Court of law by other legal heirs.
Raj Kumar Makkad
(Expert) 07 June 2014
As the inheritance of your maternal grand-father shall also go in favour of your mother, you being legal heirs of your mother can definitely file a civil suit for declaration seeking setting aside of sale-deed illegally registered by your maternal uncle and can further seek for partition and possession.
A criminal case can also be filed against your maternal uncle.
Arun
(Querist) 07 June 2014
Thank you all for your kind help I am assured now that it is a fit case to be pursued and there is a great chance for my mother to avenge the injustice she had to go through
Arun
(Querist) 07 June 2014
Thank you all for your kind help I am assured now that it is a fit case to be pursued and there is a great chance for my mother to avenge the injustice she had to go through
