Hindu Sucession Act 1956
shivraj
(Querist) 30 November 2008
This query is : Resolved
-Landed property originally owned by Bhau Khot as ancestral property
-Bhau khot executed two lands to his sister (Tanabai Balu Yadav)to his sister for her maintainence till her life time and after her demised the said property should be come to Bhau Khot accordingly registered maintainence deed was executed the contents of the deed are binding upon the heirs. In 1964 Bhau Khot died and Tanabai died in the year 1971.
-Whether the property given in maintaince is became the absolute property of Tanabai after the death of Bhau Khot?
OR
-Whether the property given in maintaince is became ancestral property of Bhau Khot and it should be devolved in the heirs of Bhau Khot and after his demise son namely Dinkar Khot can become the absolute owner or he can possessed property as self acquired or ancestral. What is the correct nature or status of the property after the death of Tanabai in the heirs of Bhau His son Dinkar and his sons and daughters?
-What will be the share of Dinkar’s two sons,wife and two daughters those who r married before 1994?
Suresh Kr. Mitruka
(Expert) 30 November 2008
As per condition of the registered deed , the property will come back to the family of Bahu Khot, after the death of Tababai and the co-parceners of the family of Bahu Khot will be entitled to get their respective shares according to Survivorship . Dinkar Khot alone will not be entitled to hold the same as absolute owner, as the property was initially the ancestral property of Bahu Khot.
