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Viral (NA)     30 August 2013

Grandfather want to make will - gujarat


 

Hi,

A Hindu Grandfather(Mr.A) and Hindu Grandmother (Mrs.B) having to two son (Mr.C & Mr. D) . 

Mr.D is pass away and he has WIfe (Mrs. E) son(Mr. F) and Daughter (Mrs.G).

But Grandfather want to make a will to give all his agriculture(ancestral) land to their younger son(Mr.C) because he look after them since beginning.  

But Hindu laws says they can't give all to Mr.C through will. Also one of the property lawyer advice us to make a will of getting all grandfather's land to Mr.C after their death. 

Q1. Could you please advice what should Grand Parents do in this case ?


Q2. Or is there any way Mr.C could get their parents Land. ?

Also, Above mentioned agriculture land has be given by great grandfather as third unfair share of whole property in 1983. while other two share had gone each to Mr.C and Mr. D (Grandson). And Mr. D had got more shares in the property.

Recently - Mr.F ( Son of Mr.D) has sold his one of the land and bought some other land , because this land had been allocated extra by great grand father.

Q3. Does Mr. C has any right on land which is sold or newly bought by Mr. F ? 

Many Thanks for your advice.

Kind Regards 
 



Learning

 2 Replies

Namita Agarwal (---)     30 August 2013

According to Mitakshara, the son has a right, by birth both in his father's and grandfather's estate but in the self-acquired property of the father, his rights are unequal by reason of the father having an independent power to dispose the same. However, the son can assert this equal right with the father only when the grandfather's property has devolved upon his father and has become ancestral property in his hands.

The great grandfather in this case has already made a partition of the property between his son and grandsons.  Hence the property which vests with Grandfather A, will be construed as his self acquired property and not ancestral property.  Hence Grandfather A is free to give it to 'C' to the exclusion of others.

A Mitakshara father can make a gift of his self acquired property to one of his own sons to the detriment of another; and he can make even an unequal distribution amongst his heirs.  Hence Mr. C will not have any right on the extra land.

Viral (NA)     30 August 2013

Hi Namita,

I am very thankful to you by clearing my doubts.

Kind Regards

Viral.


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