Utradhikari
Dharmendra
(Querist) 02 April 2013
This query is : Resolved
I have a friend whom grand father puchase a property in the favour of grand mother name. After death of Grand mother name, grand father cosulted the local Nagarpalika and made transfer the property in the name of his son' wife name without any document. and receipt continued with her name.
as above mention , If son' wife want to make will in the favour of any body then she will be authorised for same ?
As noted that son' wife has no son or daughter but only one adopted married daughter.
Advocate M.Bhadra
(Expert) 02 April 2013
Presume that your friend are a Hindu and you did not mention when his grandmother died and you did not mention no.of son and daughter the grandfather has.If the property was transfer by a registered deed of gift to the son's wife(daughter in law)so she is rightful owner and she can transfer to anybody by way of registered Deed of Sale or Gift or make a WILL.
Hindu Succession Act:---
sec.15 General rules of succession in the case of female Hindus
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in
section 16 :
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or
daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the
absence of any son or daughter of the deceased (including the children of any pre-deceased son or
daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon
the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall
devolve, in the absence of any son or daughter of the deceased (including the children of any pre-
deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified
therein, but upon the heirs of the husband.
prabhakar singh
(Expert) 02 April 2013
Disguisers and concealers shall always hang.
You are talking of a friend!you appear to be Hindu.Who your friend is by religion?
In the country you have posted your question have several law of succession each applicable to different people depending their personal religion.
Why are you playing fun here?
Raj Kumar Makkad
(Expert) 02 April 2013
The ownership in the name of son's wife has not legally been transferred just by getting the name changed in municipal record so the question of subsequent will qua that property do not arise.