Property share issue

Querist : Anonymous (Querist) 31 October 2011 This query is : Resolved
My great grandfather gifted his self acquired property to his wife, my great grandmother. She passed away without making a will. She had 5 daughters and 4 sons. today there are 3 surviving daughters and 2 ssurviving sons. All live and expired daughters have children while only 1 son is married and has children. One of the unmarried and deceased sons before dying registered his share in the property to one of his nieces. Is this share valid?

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adv. rajeev ( rajoo ) (Expert) 31 October 2011
No. After the death of the grand mother succession opens. Legal heirs of the GM are entittle for equal share

sanjeev murthy desai (Expert) 31 October 2011
Yes such transaction is valid with respect to 1/6th share in the Property.

Shonee Kapoor (Expert) 01 November 2011
This transaction is not valid, as the person had not acquired the share before making a will.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 02 November 2011
Since your grand mother received the property
by gift from your grand father she was its absolute owner in her life and as she died intestate it shall be inherited by all of her heirs described in section 15(1)(a) who are :

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

AND THEY ALL SHALL TAKE SIMULTANEOUSLY AND EQUALLY[SECTION 16]HSA.

Querist : Anonymous (Querist) 02 November 2011
We doubt the validity of the will and dont know the contents exactly as the niece is not even willing to show us a copy of it as her lawyer told her we may influence the witnesses, which I find as an absurd excuse. We are ready to give the share if the contents validity can be proved. We are assuming what the will or deed says is " upon my death whatever share that is due to me upon sale of the property must be given to my niece"

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