Partition probs -agricultural land

whose property is that?.  Mother or Grandmother?

Grandmother wrote the will and registered in favour of the grand sons and making the mother has guradian of the will and the beneficiary till the mother's death.  Grand mothers expired in 1990 and mother is taking care of the property and availing the beneifits accrued out of the lands

Dear Sivakumar,

The will of your friend's grandmother will be acted upon only if the property is her absolute property else all the legal heirs of your friend's grandfather have a right by their birth( if he had died intestate- without a will).As per the amended Hindu succession act of 2005, even female coparcenors have equal rights on the property as the male co parcenors. Pl contact a good advocate who will be able to explain the nature of the property from the family genealogy.

Thank you experts,

The will was written to my friend's grandmother, to his mother and have been registered.  My friend's mother is the only daughter and she has three children , two sons and one daughter.  Now the daughter's husband (son in law) wants a share. The land is situated in  Kanchipuram dt , Tamilnadu. Till today my friend'smother is the executrix. It seems that the will was written in a good faith that the executrix should not sell the land and it should go to he heirs of the executrix. 

Is my friend's sister eligible to get a share ? 

 regards

siva

He is not entitled to claim any share in the property as the property bequethed under the Will shall devolve upon the beneficiaries i.e, your friend and his brother.  Moreoever, ask your friend to file a suit in the civil court for declaration  of the owners of the property, joining his mother and brother as plaintiffs and his brother-in-law as defendant to safe guard his and his brother's interest in the said property. 

Regards,

Gopalakrishnan

Thank your Mr Gopalakrishnan for your prompt reply and solution.