Grandfather self earned property
ramkumar
(Querist) 06 February 2015
This query is : Resolved
Hi Experts,
My Grandfather was worked in 30+ years and he brought two properties in his wife’s (my grandmother) name by his own hard earned money. She was house wife and doesn't wrote any will. After her death(1989) my grandfather changed Property tax, water tax in his name and using it by himself but property is on my grandmother name only.
My grandfather has one son and one daughter.
Son (my father) - expired, Daughter - still alive
Now my grandfather planning to write a will on my name (grandson) to give the complete rights to me. is my grandfather has complete right on these properties to give it to me or he has only 1/3 rights ? please clarify.
Is my aunty (my grandfather's daughter) has any share on this property ? please clarify
Thanks
Advocate M.Bhadra
(Expert) 06 February 2015
Prohibition of Benami Transaction Act in 1988,the property will be treated as self acquired property by your grandmother. So, if your grandmother died intestate then successor and legal heirs will be your grandfather, her son{your father} and her daughter{your aunt}.Therefore your grandfather can write a WILL of 1/3 share of the property in your name.
SEC.15 HINDU SUCCESSON ACT
General rules of succession in the case of female Hindus.-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
(b) secondly, upon the heirs of the husband.
(c) thirdly, upon the heirs of the father, and
(d) fourthly, upon the heirs of the father, and
(e) lastly, upon the heirs of the mother.
Guest
(Expert) 06 February 2015
Well Attended by Expert Mr.M.Bhadra Advocate.
P. Venu
(Expert) 06 February 2015
Wiyh due respect to the learned expert Adv. M.Bhadra it is stated that property purchased in the name of wife and daughter are exempted from the provisions of Benami Act.
Rajendra K Goyal
(Expert) 06 February 2015
Your grand father can bequeath only 1/3rd share.
Your aunt (your grandfather's daughter) has 1/3rd hare in the property.
ajay sethi
(Expert) 06 February 2015
your grand father can bequeath you only 1/3rs share in property . daughter has also equal share in the property .
prabhakar singh
(Expert) 06 February 2015
TRUE THAT DUE TO EXISTENCE OF S.3(2) OF THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 THE TRANSACTION IS VALID AND CAN NOT BE ACQUIRED UNDER SECTION 5 OF THE ACT.
BUT AT THE SAME TIME S.4(1)&(2) BARS A SUIT TO CLAIM A PROPERTY BENAMI AND EVEN DEFENCE IS ALSO BARRED.
OWNER ALREADY DEAD,DEVOLUTION ALREADY TAKEN
1/3 ON HUSBAND AND 1/3 ON SON AND 1/3 ON DAUGHTER,WHAT WOULD BE COURSE TO PROVE IT BENAMI IF DAUGHTER CLAIMS HER 1/3rd?
A BIG QUESTION ? IS NOT IT?
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
I agree with the observations of the experts that your grandfather has only 1/3 rd right of share in the property and he can bequeath only his share in your favor. Your paternal aunty is also entitled to 1/3rd share in the property.
malipeddi jaggarao
(Expert) 11 February 2015
Expert Mr.Kalaiselvan summarized the opinions of all experts in his last reply.
ramkumar
(Querist) 14 February 2015
Thanks Experts for your clarification
