Hindu law
vinay khanna
(Querist) 22 August 2012
This query is : Resolved
Widow inherited property after husband died in 1968 according to old section 6,of hindu seccession act in HUF property(one house) and huf continued.she continued to be a member of the HUF.
She made a registered will in aug 1983 bequeathed her share in this house property to younger son.In 1989 feb the house property was partitioned by delhi high court and widow got 1/3rd share in lease hold rights and super structure.
Now my question is could widow make a registered will when she was member of huf in Aug 1983 .(The registered will is dated August 1983) and the registered will was made before house was partitioned later on by Delhi High court Decree in feb 1989. Please mention any decided cases.
Widow died in jan.2007.Probate petition filed jan.2010.In income tax huf returns filed but in land and development office individual names of three owners are mentioned,widow and two sons.It means in land and development office huf is not mentioned. The property is in New Delhi.Kindly mention decided cases
Now sec 6 in hindu law has been substituted w.e.f.9.9.2005 and in it nothing is mentioned regarding widow inheriting share of husband in huf(one house in New Delhi)
will old section 6 of hindu law apply to the widow now also.
Yogesh Anand
(Expert) 23 August 2012
No, new section of Hindu Succession Act will be applicable. The will becomes operative after death only. Thus if at the time of her death she was having independent share the will can be acted upon. Still the exact language of the will is crucial for final decision.
