inheritance property
khushal
(Querist) 01 June 2010
This query is : Resolved
WE WANT EXCEMPTION UNDER HINDU SUCCESSION ACT 1956 IN SECTION 14
OUR GRANDMOTHER CAN BE FULLY OWNER OF OUR GRANDFATHER PROPETY UNDER THIS RULE ? AT THE TIME OF PARTION OUR FATHER AND UNCLE'S WERE MINOR AND SHE BECAME INHERITENCE OWNER OF THE PROPERTY
( THIS PROPERTY IS ANCESTRAL PROPERTY )
we are pritinor and she excute will against us
can she becomes fully owner or she has limitation if yes pls tell us
thank u
Ruchi Gupta
(Expert) 01 June 2010
After the death of your grandfather, ur grandmother, ur father and ur uncle are all equal holders of the property. She can't be the absolute owner of the property. Hence, she can execute will of only her share not of full property. Even though ur father & uncle is minor, she is only the guardian of minor's property not the absolute owner of that.
B K Raghavendra Rao
(Expert) 02 June 2010
Your grand mother cannot be the unlimited and full owner of the property inherited by her husband. At the time partition, there were other successors to the property like your father, your uncles even though minor. Your grand mother would be holding the property only on behalf of minor sons.
After the death of your grand father, all his children would get share in the property along with your grand mother.
Section 14 is applicable only when she is the sole owner of the property like by purchase, inheritance etc.
