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ranjith   15 December 2019

Property rights

This is a scenario of a hindu family tree.

"A" is only minor child of "B" (Father) and “C” (Mother). Both B and C died 1 year back and A is the only surviving child now. 

"D" is paternal grandfather and "E" is paternal grandmother and "B" is their only child. 

"D" had some earned property in his name. The property was not partitioned till date and both "D" and "B" are no more.

"X" (new character & blood related to E) wants to grab the entire property. "X" gets a WILL from "E" for 100% property ownership and registers the WILL.  Now "E" also dies. Still the property is not partitioned.

Question?

  1. Can “E” write a WILL without any property on her name?
  2. Is the WILL valid? Can they go ahead and partition the property using the WILL? 
  3. What is the minor child “A” entitled to?
  4. Is "C" entited to any property rights?
  5. How does the property legally divide?


Learning

 1 Replies

Sb Karma   19 December 2019

1) No

2) depend on authenticity of will

3) as per hindu law partition can be done

4) yes she is (*but you said she is died)

5) consult local lawyer....all above 1-5 question need to be go through facts of the case...so please consult local lawyer he will assist you best,because it is property matter....no one can suggest properly without seeing documents....

so i suggest consult local lawyer


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