Property located in village of Tamilnadu has Will
Ram
(Querist) 03 November 2009
This query is : Resolved
My Father in-law has property is in Tamil Nadu at interior village and died on the year 2000 after made all settlement thro' registered Will in which he has authorize to enjoy the all properties to his three sons leaving 2 daughters mentioning in Will that he had settled his 2 daughters by the way of cash and jewels during their marriages held all before the year 1989( i.e. year HSA amendment 1989 in Tmail nadu). So father in -law has indicated in his Will that no property was assigned for his daughters. The year of Will register is 1990 before which all sisters were got married. These property is in a Tamil Nadu. Regarding this property, my Father-in-law has acquired in his hand from his father by way of registered Will after dividing the 50% of his property( schedule B property) to my father -in-law and another 50%(schedule A property) to elder brother of my father -in-law and both families are not a joint family and resources were not put in common hatchpot. Please clarify whether daughter become co-parcener for these property or not as the act came into effect in Tamil nadu only on 1989 and 2004 in whole country. As per 1989 act in TN, married daughters are not coparceners . As per act 2005, all partitions and testamentary dispositions occured before 2004 are all valid. Also these two amendement act are only applicable two joint family. In this scenario, please my wife ( daughter) can claim the property right or not.
Now all property were in the name of her two brother only.
please confirm with applicable law
A V Vishal
(Expert) 03 November 2009
In case the properties are already transferred in the brothers names there is no legal recourse since your FIL passed away in 2000. However, that part of the will for the ancestral property would be void and valid in case of self acquired properties. Since in such situations all the related documents have to be perused it is advisable to contact a good civil lawyer locally and seek advise. Further, the chances of winning the litigation are minimal.
Raj Kumar Makkad
(Expert) 03 November 2009
Repeated quarry. The detailed reply has already been submitted.
