Property located in village of Tamilnadu has Will
Querist :
Anonymous
(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.
adv. rajeev ( rajoo )
(Expert) 03 November 2009
ur F-I-L got the property by way of will executed by his father. As such it amounts to his individual property. So ur wife cannot claim share.
HINDU LAW: SUCCESSION - PROPERTY ACQUIRED BY REASON OF A WILL will BE INDIVIDUAL PROPERTY AND NTO, MITAKSHARA COPARCENARY PROPERTY.
2009 SCCR 797 SC.
niranjan
(Expert) 03 November 2009
once proiperties are divided, looses the status of ancestral property, so your wife cannot get share in her grandfather's property, but she can get share in her father's share
Raj Kumar Makkad
(Expert) 03 November 2009
Division of the properties has nothing to do with the right of a daughter. Right of the property is not measured on this ground. As the Succession Act of 2005 was enforced in ur state vide which the daughters became entitled for succeding equal share with her brothers. As your FIL expired on 2000 so your wife is not entitled for any share as act is not applicable with retrospective effect, Will is final.
Querist :
Anonymous
(Querist) 04 November 2009
Dear Rajkumar Ge
Since FIL has wrote a Will , it can't valid for ancestral property and valid only for self acquired. but father of FIL has divided his property as 50% to my FIL and another 50% to FIL's brother by way of Will .Probably father of FIL must have got this property from his father(Grandfather of FIL) .So in this 4 generation ,we found there was division during the regime FIL's father by way Will. Hence whether is it ancestral property or self-acquired of FIL .If it is self-acquired, no amedments both in Tamil nadu and central govt will help us to claim. Please give us the merit of the case and scenario
Querist :
Anonymous
(Querist) 04 November 2009
Dear Rajeev Ge
what is that number 2009 SCCR 797 SC. Is it judgement and Can you give link for the judgement and can you attch the judgement regarding succession by Will is self acquired property
Querist :
Anonymous
(Querist) 04 November 2009
Dear Vishal Ge
How are u telling that chances of winning the case is minimal? pl clarify ? Can u please attach the relevent judgement of winning to mail id mo_shanthi@yahoo.com for the similar scenerio the property willed to son and succession is from 3rd generation is by Will
