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rajagopalan   13 August 2016

About will in undivided proprty

My vallyma is not married single she has some undivided property to his mothers ,this property is anistery property it other seven legal hieres. A paration suit  in  the court and the prliminery decree was issued . The commision to come and divide the property to all the legal hires . The members  are not satisfied the divison in two Commisions sitting .Now the Third commission has divide the property and sketch was submit to sub court. Valliyma has very old she can a wish to excuite a will and give her share to his sisters daughter . my question is the undivide ansitery property and  case must be on the court  property must be transfered or make will,  any of the persons in the suit can make will or transfer the above property to anobody at present position. Give detailed legal advice . Thanking you



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 7 Replies

Kumar Doab (FIN)     13 August 2016

"My vallyma is not married single she has some undivided property to his mothers "

Don't use local terms.

What and who is  vallyma in relation to you?

The property is from whihc side;father, mother?

Who was 1st owner and then explain the chain!

Which personal law applies e.g Hindu Succession Laws?

The query is not properly drafted.

Apparently is it 'disposing of by Will his/her own undivided share in the family property.'

Is it?

 

rajagopalan   13 August 2016

Mother side,Hindusuccession act

 

rajagopalan   13 August 2016

valiyma means mothers sister

Kumar Doab (FIN)     13 August 2016

Property from mother's side is not ancestral.

Is daughter of sister of mother (valiyma means mothers sister) Co-sharer/coparcener in the property?

The disposal by a coparcener of his undivided coparcenary interest to another coparcener may not be void.

Disposal by the coparcener to another Co-sharer/coparcener in the property should he construed as renunciation of  undivided interest in the coparcenary in favour of  another Co-sharer/coparcener in the property/ who were the remaining coparceners.

 

Valid/registered gift deed is also option.

 

You may go thru:

 

Supreme Court of India
Thamma Venkata Subbamma (Dead) By ... vs Thamma Rattamma & Ors 

 

https://indiankanoon.org/doc/945315/?type=print

 

Rest your own counsel that has examined each document and input can advise you the best.

 

 

 

rajagopalan   18 August 2016

Thanku you sir your valuable information.This post is a case .Now it was on cochin sub court,. iam suffered a lot in connection with case .I have to leave my temple and my tharavadu  house in connection with  crimnal  case charged aganist me  by my mothers sister and others in the case by the knoweldge of their Advocate .It is a manupilate case, I cannot enter my temple or tharavadu  house Since 19 yeares. In this world money power and musle power is first.

 

Kumar Doab (FIN)     18 August 2016

"tharavadu  house '

Don't use local terms.

Your own counsel that has examined each document and input can advise you the best, on remedy.

rajagopalan   19 August 2016

thanku for your kind advice


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