Hindu succession act
brijender gupta
(Querist) 02 May 2014
This query is : Resolved
Dear All,
Great grandfather(A) has not made any will of his property & died, which is inherited by grandfather (B) (one of among his four siblings inheriting the property ).
Grandfather (B)have a son (C) who have a minor son (D),staying with mother & complaint against him(C) for maintainance is pending in CAW cell & family Court (HMA).
Grandfather (B) dies & (C) sell the property during the pendency of complaints.
How the minor son (D) can claim his share in the property
1. If there is any will in (C)'s favour,
2. If there is no will in (C)'s favour.
Further , if there is no will in (C)'s favour , can the sale deed be revoked (null & void) , for depriving the minor son of his share.
How do we find out about "will" of grandfather (B) in sale deed ,if there is any.
Devajyoti Barman
(Expert) 03 May 2014
Since it is self acquired property of B, without existence of any Will, C has no claim in the property and hence sale deed can not be revoked.
Make searches in the local Registration office if the Will is registered. If it is not registered then i regret you have no way to find it out.
Dr J C Vashista
(Expert) 03 May 2014
As observed from the query I respectfully disagree with the expert since the property is inherited by A (great grandfather).
In this case B being son of A has inherited and the property cannot be stated to be self acquired by B.
B (grandfather) inherited the share of his property have a son C (father) of D, a minor, has a share in the property and can claim his share from his father C.
Maintenance of D (minor son)and his mother wife of C) is maintainable u/s 125 Cr. P.C. besides under the provisions of Hindu Maintenance and Adoption Act
P. Venu
(Expert) 03 May 2014
What is the real situation as to will in favour of C?
Sankaranarayanan
(Expert) 03 May 2014
Yes i agree with. Dr vashista. If. No will was made then the minor also have right
Rajendra K Goyal
(Expert) 03 May 2014
well advised by the expert Dr J C Vashista ji, agree to it.
brijender gupta
(Querist) 03 May 2014
@ Dr. J C Vashista Sir.
Sir as per case ,
1) Can this property be considered as ancestral property & if yes, what share is of the minor son .(when there is no will in favour of (C) by (B))
2) If there is any will in favour of Father
(C) by (B), the grandfather , Can (D) claim share in property & what would be the share.
R.V.RAO
(Expert) 04 May 2014
this is a case of ancestral property as per mulla's and courts judgements.
from great grand father to grand father to father to son, the 4 generation rule is satisfied here.hence all legal heirs,male and female can claim equal share of the ancestral property.
Any time ,any legal heir(and in case they are deceased , their legal heirs) can ask for partition of the ancestral property , after which it becomes the self acquired property of each legal heir.
till such partition is made, it is joint family property and the minor and his mother can look to joint family property maintenance.
since it is intestate property of great grand father , and has taken the character of unpartitioned ancestral property , no will if any made covering the entire property is valid. any member of joint hindu family can only transfer his/her share .
Dr J C Vashista
(Expert) 04 May 2014
I agree ith the expert advise of Mr. R V Rao. Pointwise reply to your above questions is as:
1. (a) Undobtedly the property is considered as ancestral property.
(b)A has four siblings then B will inherit 1/4th share of his father's property.
(c) If B has the lone LR then C will have entire share i.e., 1/4, otherwise further divided (which is not mentioned in the present case).
2. No will shall have a bearing on the share of B vis-a-vis C.
R.V.RAO
(Expert) 04 May 2014
thanks.Dr.Sri.J.C.vashista ji.
brijender gupta
(Querist) 05 May 2014
@ Dr. J C Vashishta & R V Rao Sir.
Sir,
As per above mentioned facts , this is an ancestral property .
If the partition is unregistered in this hierarchy & there is an unregistered will of (C) in favour of (B) & as (B) sold the property , can this sale deed be revoked ( as null & void).
If yes, kindly guide the procedure & request you for high court /Apex court judgemets ,if posible.
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
@ Author you are confusing in the last post. What do you mean about an unregistered Will of C in favor of B? and B has sold the property(?) Earlier you have stated that C is the son of B and it was C who sold the property, now what is the reason for contradictory statement?
As per your original post: A' property was duly partitioned among all his four siblings, thus B inherited his share of the property. Accordingly the property belongs to B and he will be an absolute owner of the property, however since he died intestate, his share of property devolved upon his only son 'C', thus even if there was no Will in favor of C, the property now inherited by C will be his father's property which he can sell it or gift it anyone, because in my opinion it is still not falling under the ancestral property category, therefore C's minor son D may not be eligible to claim a right of share in the property. Anyone can throw more light on my my opinion by contradicting it or disagreeing to it.
R.V.RAO
(Expert) 06 May 2014
sri kalaiselvan ji. i like to know if it is not ancestral property,any specific reason for that.thanks in advance. r v rao
Dr J C Vashista
(Expert) 06 May 2014
I agree and appreciate Mr T. Kalaiselvan's observation, the author has posted this query as hypothetical and academic, which need to be closed.
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
@Mr. R.V. Rao: A' property in the hand of B as his share entitled him the title as an absolute owner and upon B's intestate demise, the property was inherited by C,the lone surviving legal heir of B. Thus the property in the hand of B did not attain the ancestral status, therefore selling the property by C without allotting any share to his minor son D, can be termed as legally valid sale and thus D may not be entitled to a share in his father's property during the life time of his father (you may note that the property did not attain the status of ancestral in nature because it was duly partitioned by A during his life time). Anyone may be having a different opinion to that of mine may elucidate.
brijender gupta
(Querist) 06 May 2014
@ Adv. T.Kalaiselvan & Dr. J C Vashishta
I apologise for my confusing last post.
(C) should be replaced by (B) & vice versa.
I would like to bring to your kind notice that (A) did not at any stage of his life time duly partitioned his property among his four siblings, as per my original query.
Thus (B) , being the legal heir,inherited the property without any will or any partitioned share by his father (A).
Now ,Can the property sold by(C) , inherited by him, upon intestate demise of his father (B), without allotting the share to his minor son (D), be revoked as null & void . What would be (D)'s share in the said property ?
Once again apologising for the confusion in last post , i request for a solution to my query.
Sequence is as : (A) -> (B) -> (C) -> (D)
Thanks
brijender gupta
(Querist) 06 May 2014
@ Dr. J C Vashishta
Respectfully stating that the query is not hypothetical or academic.
(D)is my nephew .Yes i do agree that it was my mistake in last post by interplacing (C) & (B).
So do i apologise.
Thanks
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
@Mr. Brijender Gupta: Please note that it is because of your misleading statement which became the cause for improper or misguiding opinions from many experts on your query, thus in future first make sure what you want to clarify and for that how far you are sincere with your information and all those things, lest the unnecessary confusion will prevail blocking the proper opinion.
Now as per your latest version, if the property was not partitioned by A, the B inherited his share and subsequently C inherited B's share, however at that time of inheritance since D was already born, D has automatically become eligible for a share in the ancestral property out of the share of his father, therefore D's father i.e., C cannot sell the entire property, it is invalid, C can sell the property only to the extent of his share in the ancestral property, now D has got a right to file a partition suit while simultaneously can file a suit to cancel the sale deed or to declare the sale as null and void as far as his share out of the ancestral property is concerned. This will be one the legal solutions/remedy available before D now.
Dr J C Vashista
(Expert) 06 May 2014
I have no more comments/advise. Enough is enogh.
Please close this thread.
Engage a local lawyer and proceed as advised.
Anirudh
(Expert) 06 May 2014
Dear Brijender Gupta,
The answer to your query can be given only after knowing the following details:
1. Whether the property was self-acquired by the Great Grandfather?
2. If so in which year?
3. If not, from whom did he receive it?
4. In which year did he receive it?
5. In which year did the Great Grandfather die?
brijender gupta
(Querist) 06 May 2014
@ Adv. T Kalaiselven
Sir , thanks for your valuable advise & i will take care of each of my words in my future queries so as to avoid any confusion.
Thanks to all of the experts for their valuable advise.
R.V.RAO
(Expert) 07 May 2014
@author.pl. reply queries of sri anirudh ji.
@thiru kalaiselvan ji.thanks.
dr g balakrishnan
(Expert) 11 May 2014
here C has no right to sell the property as the is to be by inheritance rights only under Succession Act relevant, and C sold when issue is pending in court, so he has violated law, as issue is sub judice.
Now buyer of the property has to prove he used due diligence in buying property, if not he might lose his right over property, as he had not taken any indemnity bond from C to meet any future demands on property that need to be satisfied by C only!
issue is cumbersome, but true D and his mother have rights that would get protected under law! is my view!
brijender gupta
(Querist) 15 May 2014
@ T.Kalaiselven sir,
Thanks for your valuable guidance.
Would request for a high court or apex court judgement /s in this regard.
Kindly help.
