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Raaj   30 August 2016

Hindu succession questions

I am from a Hindu joint-family. My father is the eldest and he has two brothers and three sisters. In 2015, my middle-uncle died and in 2016, my youngest uncle died. I was bought up in my youngest uncle’s house since my childhood. My youngest uncle was a bachelor and has no class I heirs. My middle-uncle left my aunt, and my cousin, while dying. My father is alive. Well before his death, my youngest-uncle made a will on a plain paper, gifted me his earned residence & a plot; donated his ancestral properties for our family-deities. He also had nominated me in all his banks & LICs etc. He gave it in my hands for execution in later-days. Also two of my parental aunts support my claim openly on his earned residence, as it was clearly told by my late uncle to everybody in several occasions. But another parental aunt says nothing. But my aunt (i.e. widow of my deceased middle uncle) has started searching for buyers to sell the house of my youngest uncle. I want to donate the money that is in his bank accounts in various social works – as written in his paper. In this situation, my questions are – 1. Can this paper-will be deemed as his legal last wishes in the eyes of law? 2. If my two parental aunts support my claim on this house, shall law approve my sole rights on this house? And use his ancestral properties as per his last wish? 3. And how can I get this house in my name? 4. Can I start donating his money to organisations, as per his last wish? Can anyone stop me in drawing money from banks for this donation? 5. Can my aunt (i.e. widow of my middle-uncle) & his son sell any portion of his property? 6. Can I donate some money (of his) to these relatives (they are not any social organizations, of course)?


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 4 Replies

Suri.Sravan Kumar (senior)     30 August 2016

is the WILL attested by 2 witness?

Kumar Doab (FIN)     30 August 2016

If the WILL is valid then you may succed to benefit from it.

saravanan s (legal advisor)     30 August 2016

If the will is valid then the self acquired property mentioned in the will would devolve over you.as far as the ancestral property is concerned if it is his share which he had willed over you then you are entitled to get it.as far as nomination is concerned you got to acquire the money and distribute it among the legal heirs

P. Venu (Advocate)     31 August 2016

'Hindu joint-family', the expression is rather ambiguous.


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