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Ramandip (Second Year)     04 March 2014

Property for minor

Dear All Requires expert’s view on the below case That The Baby was born from the wedlock at wife’s House. That wife’s Parents dead without will That the property left behind is Up to Thirty acre . That the wife has one brother (Minor) and One sister (Un married) Adult. That the wife is staying in her (Parents Home) since 4 years. Question is Is there any share of the baby in that property through mother ? What if mother don’t want to receive the property ,but husband wants for his kid. The kid has name on ration card of wife’s house. Can father file a suit for the part in property through the minor? Although Mother wants to donate property to her Sister and Brothers


 2 Replies

shanmugam lakshmanan (senior)     04 March 2014

Dear friend, you have raised an important question with regard to rights of grand daughter to her grand parents property through mother. The Hindu succession Act  did not say male alone is an ancestor. so, your daughter will get her due share as co-parcener if what you have stated is factually correct. your mother cannot gift the share due to your daughter. I also solicite the views of fellow advocate in this regrd.

shanmugam lakshmanan (senior)     04 March 2014

Dear friend, you have raised an important question with regard to rights of grand daughter to her grand parents property through mother. The Hindu succession Act  did not say male alone is an ancestor. so, your daughter will get her due share as co-parcener if what you have stated is factually correct. your mother cannot gift the share due to your daughter. 


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