The Hindu Succession Act(Amended) Act,2005
Hemant Joshi
(Querist) 30 April 2009
This query is : Resolved
My grand father died in 1961 leaving a house and few pieces of agriculture land intestate. Then those properties were transferred in Gram Panchayat record in the name of my father, his brother (my uncle) and my grand mother. After the death of my grand mother some where in 1970, still the said properties on the record of government are in the names of my father, my uncle and my grand mother, in 7/12 account.
My father expired on 31-12-2008 making a will in my favour in respect of those properties which he inherited form my grand father. My father had six sisters, four alive and two dead. After the death of either grand father or grand mother the properties were not sold, transferred, alienated or divided. But the as per government records, the properties are in the name of my father, uncle and grand mother as per 7/12 records.
My questions are: 1) All the sisters of my father or their heirs would have the equal right in those properties or my father and my uncle, only two would have rights, as the government records shows the names of my father, uncle and grand mother? 2) On the strength of the will of my father, will I be able to claim my rights in those properties after inducting my name on the government records?
Please reply and oblige.
sanjeev murthy desai
(Expert) 30 April 2009
Dear Hemanth Joshi,
1) In your case all the properties ancestral nature and all the legal heirs of your grand father (his wife and all their children have equal rights including legal heirs of six sisters and your uncle)
2) you have the right in respect of that properties by birth you can claim your share
But you have not specified that your father was what extent of the property bequethed through the will in favour of you?
3) Revenue documents are not confirm any title but that documents suporting documents of title.
In your case family partition or settlement is best way to resolve your problem including all the legal heirs of your grand father.
sanjeev desai
A V Vishal
(Expert) 30 April 2009
1) All the sisters of my father or their heirs would have the equal right in those properties or my father and my uncle, only two would have rights, as the government records shows the names of my father, uncle and grand mother?
Ans.No, all the sisters of your father including any predeceased daughters cannot claim any right since the amendment is very clear which is reproduced for you:
"Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the
20th day of December, 2004.
2) On the strength of the will of my father, will I be able to claim my rights in those properties after inducting my name on the government records?
Ans. Yes, you can claim your rights based on the will left by your father by submitting a legal heir certificate to the concerned authorities and induct your name in all government records
n.k.sarin
(Expert) 01 May 2009
Agreed with Mr A v Vishal.
Y V Vishweshwar Rao
(Expert) 01 May 2009
I agree with Sanjeev Desai
The properties are ancestral properties , no partition before 20-4-2005
The Will of the Father is is not partition
The Will is disposing his respective interest in the ancestral property in favour of his son ( it is mentioned in the query that there is no division / disposal, sale)
A V Vishal
(Expert) 01 May 2009
Friends,
The subject property is mutated in government records in the names of the querist father, uncle and grand mother after death of the querist grandfather in 1961. The question of will doesnot arise in the instant case since the will was executed by the querist FATHER AND NOT BY HIS GRANDFATHER. The property which devolved upon the querist father on death of his father was only willed. Hence the querist aunts cannot claim share in the property.
Y V Vishweshwar Rao
(Expert) 01 May 2009
I am of the opinion that the Mutation is not a transfer or partition .Will Deed by father in favour of his son in respect of his rights in the property .
A V Vishal
(Expert) 01 May 2009
Will deed is executed by the querist father and not grandfather.
Uma parameswaran
(Expert) 02 May 2009
I am supporting Mr. Sanjeev Desai. For a permanent relief it is better opt for family partition. The will written by your father can help you to claim his share . Check how only three members name only recorded in Gram panchayat Record .
