Succession
virupanagouda
(Querist) 23 July 2013
This query is : Resolved
A got land from her husband for her life time maintenance, which is the property of husband's father. That, later she bequeathed to her 3 sons out of 6 sons through WILL. Each sons got equal share. Her grand son filed a suit for partition against his father. Now the question is, WHETHER THE SAID PROPERTY IS THE SELF ACQUIRED PROPERTY OF "A" OR NOT? IF SO, which section of Sec. 14 (1) or (2)of Hindu Succession Act applies?
Adv Archana Deshmukh
(Expert) 23 July 2013
It is the absolute property of A and so cannot be considered as ancestral in respect of her grandsons.
Dr. Jyothi Vishwanath
(Expert) 23 July 2013
Property in the hands of maternal grand mother can never be ancestral. It is her absolute property.
Raj Kumar Makkad
(Expert) 24 July 2013
The property was never transferred in favour of A so her will is wrong and illegal. The father in law of A was the owner to that property and on his demise the same shall be disbursed to his legal heirs,
virupanagouda
(Querist) 26 July 2013
Thank you Rajkumar Makkad ji, Dr.Jyothi Vishwanath ji and Archana ji. for giving your valuable suggestions to my question. our judge made an order in M.A. infavour of A i.e, the grandmother, as the property is her absolute one. But sub section (2) of sec. 14 of Hindu Succession Act made him confusion. Anyway, thanking you sir and madam.
yours
V.N.Patil, Adv.
