Hindu Succession Act
shrikant chavan
(Querist) 08 October 2009
This query is : Resolved
Thank u Sachinji and rajeevji,
further i want to know that can coparcener devolve his share in the property without partition and without consent of the other coparcener by will(testamentary)
and if A left his legal heirs W-widow, S1 and S2-two sons and D- one daughter,
will they get same share?
Whethere D daughter get equal share to the both her brother S1 and S2 ?
Whethere D, S1 and S2 get equal share individualy?
when all the properties are ancestral property.
If A made WILL of the 1/2 property then how does the property devolve.
Is it valid will?
Jithendra.H.J
(Expert) 08 October 2009
1) no will is not valid, one cannot bequeth the ancestral properties through the will,
2) All the three will get equal share.
Raj Kumar Makkad
(Expert) 09 October 2009
Ancestral property cannot be devolved through will and if made is illegal if the same is challenged by either of the affected parties.
S1, S2 and D shall get equal share in their inheritance.
shrikant chavan
(Querist) 09 October 2009
Dear Rajji and jitendra,
thank u very much.
I m little bit still confused that, if any of the son or daughter filed suit for partition and according to that if the partition took place when father was alive,thereafer the father made a will about it own share is it valid
Jithendra.H.J
(Expert) 12 October 2009
After the judgment, if the separate share is given to your father, it will become your fathers separate property/own property, certainly he can make will of his share
Sachin Bhatia
(Expert) 15 October 2009
Ancestral property cannot be devolved through will. All the three will get equal share.
