Joint family versus Self Equired Property
Querist :
Anonymous
(Querist) 29 September 2010
This query is : Resolved
our grand father A. earned many lands selfequired and some lands are Enaam Lands government given lands also. He make a WILL on 1954, and registered, after his death B. my father and C. step brothers partitioned the property by way of Jentelman agreement and mutual understanding,in the partition agreement they are written clearely as per will they are partitioned.
but as per WILL not done the partition perfectly and my father getting more property from the joint property, because he is elder son and others are minors.
So Finally our father property comes under ancesstral property or self equired property?
Why, because iam refered some books, they are given the clarification regarding, any memeber getting the property from his father by way of WILL, then the property is comes his self equired property and not for ancesstral property.isn't correct or not?
actually we are filling a suit for partition, but my father B. spokes that he is getting property from his father by way of will,so it is self equied property, and you are no way concern share in the property.
our grand father A is not signed in the every page of will, isn't valid or not?
we want to file suit for partiotion from my father B as per Hindhu Succession Act-2005, So which way we will proceed against from my father.
please give me complete details.
thank you
Rajeev kulshreshtha
(Expert) 30 September 2010
It is true that the property comes through WILL is self acquired property.The WILL is valid one.
Querist :
Anonymous
(Querist) 01 October 2010
thanks for your reply, one more clarification regarding WILL.
The will is not mentioned any property schedule details either survey no or land extent, he is write a will just only shares for sons like 1/3 share in my total properties. it is valid WILL ? with out mention property details?
And the WILL not signed each and every page,just signed last page, it is valid or if any chance to Challenge the WILL?
As per WILL the properties are not partitioned to my fater to his brothers, If as per WILL the properties are not partitioned then the WILL how Valid ?
We are actually filling suit for partition as per Hindu Sucession Act-2005, So which way we will proceed, please kindly help us,
thanking you sir
