Property of hindu female

Querist : Anonymous (Querist) 24 November 2011 This query is : Resolved
Dear Sir,

Please give your reply to my query:

Hindu Female inherited property from her Father in Law by way of will. Father in law acquired the property from his own income. Later on Father in Law transfered the property through will to his elder son and deceased younger son's wife jointly.

The Elder son & deceased younger son's wife have made the partition of said property though registered partition deed.
1. Whether such property will be treated as seprerate property of Hindu Female or it will be treated as Joint Family Property.
2. whether grandson of Father in law (Son of deceased younger son) can claim his share in property?

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Sankaranarayanan (Expert) 24 November 2011
you yourself said it was made partition by registered partition deed. the answer is in your question itself.

prabhakar singh (Expert) 24 November 2011
Your Q1. Whether such property will be treated as seprerate property of Hindu Female or it will be treated as Joint Family Property.
My Answer is YES IT SHALL BE TREATED AS YOUR SEPARATE PROPERTY AND NOT JOINT FAMILY PROPERTY.

2. whether grandson of Father in law (Son of deceased younger son) can claim his share in property?
ANSWER:NO HE CAN NOT UNLESS HER MOTHER GIVES IT TO HIM BY GIFT OR WILL AS HER MOTHER IS ABSOLUTE OWNER OF THE PROPERTY
AND AUTHORIZED TO DO DO WHATEVER SHE DECIDES ABOUT IT.

Rajeev Kumar (Expert) 24 November 2011
I agree with Prabhakar sir

Advocate M.Bhadra (Expert) 24 November 2011
1)Last WILL of father-in-law is valid and would be effect if the said WILL granted by Court through a Probate case, then the partition would be valid.Otherwise all the legal heirs and successors have equal share of the property.2)During the life time of his mother the grandson can not claim.

Raj Kumar Makkad (Expert) 24 November 2011
1. I do agree with prabhakar with his reply on this question.

2. I think prabhakar has clubbed the second query with first and has used word 'mother'. I am of the view that querist is interested to know the status/share of property inherited in his share by way of aforesaid will (this is younger son means owner of 50% share). As this younger son of deceased who got 50% share by way of the aforesaid will, is absolute owner of the property so it shall be his self acquired and he can manage to his property as per his sweet will during his life time and if he dies intestate then his legal heirs shall be entitled to inherit the same in their respective shares.

Devajyoti Barman (Expert) 24 November 2011
1. Yes
2. No

prabhakar singh (Expert) 24 November 2011
I SEE MAKKAD HAS FAILED ANALYTICALLY IN

READING FACTS STATED IN QUERY.

The facts in the query are as follows:..

Say 1]A has 02 sons B the elder, C the younger but C has predeceased both A and B,the widow of C is say W .

2]A personally from his earnings has built a house.

3] A during his life time testates a will
in favor of His elder son B and his daughter in law W[widow of younger son C]with allocation of share half and half.

4]B and W give effect to will and by a registered partnership deed separately get allocated their half and half shares.

5]There is a grandson born from wed lock of younger predeceased son C and W.

6]The 2nd query is this that whether grandson [i.e.son of C&W]has any right in the property of his grand father inherited by W by Will along with A and got partitioned by registered deed betwen A & W?????

prabhakar singh (Expert) 24 November 2011
HENCE MY ANSWER TO SECOND QUERY "NO" WAS CORRECTLY GIVEN.

AND COMMENT PASSED THEREON BY MAKKAD IS INCORRECT.

HE MUST SEE ANSWER SUBSEQUENT TO ME ALSO THEN ONLY HIS ANALYSIS WOULD BE CORRECT.

prabhakar singh (Expert) 24 November 2011
THEN RKM G CLARIFY NOW YOUR POSITION.

Rajeev Kumar (Expert) 24 November 2011
I agree with experts

Property of hindu female

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