Rights of hindu female grand daughter in inheritance (modified)

Retd Sr Director Govt of India/ Advocate

PROPETY LAW – SUCCESSION

 

RIGHTS OF HINDU FEMALE GRAND DAUGHTER IN INHERITANCE

 

A Hindu male died intestate on 12-08-1946 leaving behind his widow and two daughters D1 and D2 in Andhra Pradesh.  The widow inherited the immovable property from her late husband, which was devolved from the husband’s grandfather and conveyed the entire estate shared equally between her only two daughters D1 and D2 by two separate registered settlement deeds, the second to D2 on 19-06-1963.  The widow died on 26-01-1978.

 

D2 in turn bequeathed the whole property, only to her six sons exclusive of two of her own daughters GrD1 and GrD2.  During 1999 to 2005 followed in subsequent years thereafter, all the six sons surreptitiously got executed by D2, number of registered Gift and Settlement Deeds in their own favour including the wives, male and female children.  It is said the sons also obtained from D2 some unregistered signed blank stamped papers to fabricate Will/ Gift in anticipation of any contingency may arise in future, as heard now, details unknown.  Even the attestors/ witnesses to the transaction in most of the title deeds are the six sons within themselves in group attestation with common document writer.  Number of disposition, alienation transactions took place thereafter.  D2 performed marriages of GrD1 in 1973 and GrD2 in 1979 by giving very negligible streedhan and each a house site of 250 sq. yds in 1999.  D2 expired on 03-03-2014 survived by all her children living.

 

The recital of the settlement deed dated 19-06-1963 by the widow to D2 in vernacular inter-alia states "…....I performed your marriage.  You are living with your husband and children with me in my house.  Upon the death of my husband, the entire ancestral scheduled property retained by my late husband died in testate, has been inherited by me as a legal heir.  While hitherto the rights of only enjoyment were vested in me on the said property, the HS Act 1956 now came into force gave me the full rights to gift, sell and enjoyment and hence alienating the scheduled property to you D2, on your enjoyment basis, free of cost, subject to certain conditions stipulated herein.  D2 shall enjoy the whole property putra poutra paaramparya svetchagaa (free enjoyment of sons and grandsons lineages) happily with full rights to gift and sell…..."

 

Issues:

  1. Based on the Settlement Deed dtd. 19-06-1963 executed by the widow to D2, whether D2 is the absolute owner of the entire property.

 

  1. Whether the property is ancestral and the granddaughters GrD1 and GrD2 are coparceners/ successors to the estate of the deceased when read with the recital in the said settlement deed.

 

  1. Whether the actions of D2 having gifted or alienated also the notional shares of GrD1 and GrD2, declaring herself the absolute owner of the entire property are tenable.

 

  1. What is the right to claim their share of grand daughters GrD1 and GrD2 on the estate of deceased as well as the dwelling house.
 
Reply   
 
Retd Sr Director Govt of India/ Advocate

REPOSTED

PROPETY LAW – SUCCESSION

 

RIGHTS OF HINDU FEMALE GRAND DAUGHTER IN INHERITANCE

 

A Hindu male died intestate on 12-08-1946 leaving behind his widow and two daughters D1 and D2 in Andhra Pradesh.  The widow inherited the immovable property from her late husband, which was devolved from the husband’s grandfather and conveyed the entire estate, shared equally between her only two daughters D1 and D2 by two separate registered settlement deeds, the second to D2 on 19-06-1963.  The widow died on 26-01-1978.

 

D2 in turn bequeathed the whole property, only to her six sons exclusive of two of her own daughters GrD1 and GrD2.  During 1999 to 2005 followed in subsequent years thereafter, all the six sons surreptitiously got executed by D2, number of registered Gift and Settlement Deeds in their own favour including the wives, male and female children.

 

Even the attestors/ witnesses to the transaction in most of the title deeds are the six sons within themselves in group attestation with common document writer.  Number of disposition, alienation transactions took place thereafter.  It is said the sons also obtained from D2 some unregistered signed blank stamped papers to fabricate Will/ Gift in anticipation of any contingency may arise in future, as heard now, concealed at this stage, details unknown.

 

D2 performed marriages of GrD1 in 1973 and GrD2 in 1979 by giving very negligible streedhan and each a house site of 250 sq. yds in 1999.  D2 expired on 03-03-2014 survived by all her children living.

 

The recital of the settlement deed dated 19-06-1963 by the widow to D2 in vernacular inter-alia states "…....I performed your marriage.  You are living with your husband and children with me in my house.  Upon the death of my husband, the entire ancestral scheduled property retained by my late husband died in testate, has been inherited by me as a legal heir.  While hitherto the rights of only enjoyment were vested in me on the said property, the HS Act 1956 now came into force gave me the full rights to gift, sell and enjoyment and hence alienating the scheduled property to you D2, on your enjoyment basis, free of cost, subject to certain conditions stipulated herein.  D2 shall enjoy the whole property putra poutra paaramparya svetchagaa (free enjoyment of sons and grandsons lineages) happily with full rights to gift and sell…..."

 

Issues:

01) Based on the Settlement Deed dtd. 19-06-1963 executed by the widow to D2, whether D2 is the absolute owner of the entire property.

 

02) Whether the actions of D2 having gifted or alienated also the notional shares of GrD1 and GrD2, declaring herself the absolute owner of the entire property are tenable.

 

03) Whether the property can be termed ancestral in the hands of D2 and the granddaughters GrD1 and GrD2 are coparceners/ successors to the estate of the deceased when read with the recital in the said settlement deed.

 

04) What is the right to claim their share of grand daughters GrD1 and GrD2 on the estate of deceased as well as the dwelling house.

 
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