Hindu succession act
practicing advocate
(Querist) 20 February 2018
This query is : Resolved
Respected Learned Counsel,
I would like to know that the if the deceased mother had prepared the will but it is not probate.In the will she had equally divided the property among 2 son and 2 daughters.But now the brother is creating an obstacle in giving the share in the property and that property is situated at Bandra.My query is that the position of the daughter in financial term is not so good to go for a civil filing.Because to bear the court fees itself is the difficult task for her.
Now the property is fully controlled by two brothers and out of two married daughters one daughter did an intercaste marriage and one daughter is struggling for share in the property.She has shown me a copy of the will also being an independent practicising advocate i had visited site and came to know that daughter is also entitiled to property as per the amendment made in the year 2005 under the hindu succession Act.
What other legal options available with her to get the shares in the property?
Vijay Raj Mahajan
(Expert) 20 February 2018
Daughter was always entitled for share in the property of the mother since 1956 under the Hindu Succession Act,1956. The 2005 amendment in the Act was with regard to share of the daughter in the Hindu Coparcenary property that was to be same as son. You say you're a advocate, you should be aware of the law properly.
Secondly the Will made by the deceased mother for her property has to be probated first and unless that is done the complete execution of the Will not be possible.
The brothers not allowing the sisters to have share in the property can always be challenged in the court and in case they have changed the municipality record of the name by way of mutation or any other government record, the complaint against them for doing it without heirs certificate or administration and succession certificate by the court after probation of Will is unlawful act.
Kumar Doab
(Expert) 20 February 2018
You have yourself posted about Hindu Succession Act so It is believed that all involved are Hindu.
What is your apprehension/negative aspersion about inter caste marriage of daughter of deceased as far as her share in property is concerned?
Probably the said Bandra is location in Mumbai (Maharashtra) and not some other place.
IT is mandatory to probate the WILL in areas of Mumbai.
Check at website of Bombay HC about fee/Max. fee!
Kumar Doab
(Expert) 20 February 2018
The said brother can only contest the WILL and court shall decide.
The deceased mother has provided for equal share to 2 sons, 2 daughters.
If probate is granted the said daughter shall get equals share as per WILL.
If WILL is not valid then also per personal law that applies daughter has share….
Ask the occupant to give share of daughter ….into possession of daughter.
Include in prayer to court and also think about mense profits…
A very able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having successful track record can provide inputs in person to you.
LCI Experts Mr. Hemant Agarwal, Mr. M.V.Gupta are fro Mumbai.
If you wish you may get in touch with them..
Kumar Doab
(Expert) 20 February 2018
If you and your client wishes you may explore the possibility of registered family settlement deed narrating WILL in IT.
It is vaguely remembered a aged and sincere LCI member Mr. Gandhi had posted about IT
SHIRISH PAWAR, 7738990900
(Expert) 20 February 2018
