query
Querist :
Anonymous
(Querist) 01 June 2011
This query is : Resolved
Hello Sir my grandmother has property in her name.She has two sons.She died without any will and also one son is died.I want to know who is the legal owner of property.
Can we register the property in the name of widow of the deceased?
Regards
Thank You
prabhakar singh
(Expert) 01 June 2011
yes! after the death of your mother her two sons became owner and as there after 1 son died then his widow along with issues will inherit 1/2 with one son of mother.
prabhakar singh
(Expert) 01 June 2011
(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall
recognise any right to proceed against a son, grandson or great-grandson for the recovery of any
debt due from his father, grandfather or great-grandfather solely on the ground of the pious
obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such
debt:
Provided that in the case of any debt contracted before the commencement of the Hindu
Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect-
(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case
may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or
alienation shall be enforceable under the rule of pious obligation in the same manner and to the
same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act,
2005 had not been enacted. Explanation.-For the purposes of clause (a), the expression "son", "grandson" or "great-grandson"
shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was
born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.
prabhakar singh
(Expert) 01 June 2011
I admit my earlier opinion was given in HASTE for which beg pardon of you all,the law now is codified and no son is under pious obligation to discharge the debt of his father from his own means or from self earned property post to enforcement of provision referred above.
