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Rasik (Sales)     04 May 2012

Single heir of property

Hi,

My grandfather got a property as a gift. After my granfather's death my father was his only heir (was unmarried and had no siblings)  to inherit the property. In this case does my father become absolute or sole owner of the property? If yes, then is it leagal for my father to dispose off  the property according to the WILL written by him??



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 9 Replies

Adv Archana Deshmukh (Practicing Advocate)     04 May 2012

No. not now. You and your siblings can claim share in the property.

sridhar pasumarthy (ADVOCATE)     04 May 2012

Yes, your father is the absolute owner and he can dispose off the same according to his wishes.

Rasik (Sales)     04 May 2012

@ Adv Archana - After my grandfather's death even if there is no other than my father to inherit the property, the property is not his absolute property?? then when can he become absolute owner?

Adv Archana Deshmukh (Practicing Advocate)     04 May 2012

Your father has inherited the property from his father by succession. He could have disposed it off before your birth or the birth of your siblings, it would have been absolutely legal for him to do so for he being the sole heir at that time. But if he has not disposed it then, now you and your siblings can claim share.

Rasik (Sales)     04 May 2012

Ok. He did not dispose it off then but he his name was on city survey records as sole owner..so desposing means selling out or just registering on his name??

sridhar pasumarthy (ADVOCATE)     04 May 2012

@ Archana garu,

As per Section 8 of Hindu Succession Act, son is a legal heir to succeed to his father but not son's son.  The property succeeded by the son would become his own property but not joint family property to share along with his children.

So after codification of Hindu Law, your statement will not hold good.

Adv Archana Deshmukh (Practicing Advocate)     07 May 2012

 

I differ here and stick to my earlier posts, as the father had inherited the property from his father by succession. Property inherited from paternal ancestors is ancestral property in the hands of a person vis-a-vis his own children. So the children of such a person has a share in the property.

sridhar pasumarthy (ADVOCATE)     07 May 2012

@ Archana garu,

pls go through "AIR 1986 SC 1753"

Rasik (Sales)     07 May 2012

@Sridhar Can you plz tell us what "AIR 1986 SC 1753" says? @Archana do you agree with sridhar now?

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