Hindu Succession Act
BHUPAL SINGH
(Querist) 27 December 2009
This query is : Resolved
Dear Sir,
A father ( r/o Haryana) inherited Agriculture Land from his father. He has 2 sons & 2 daughters. Please clarify the following--
a. Is a Will in favour of only one son (depriving the second son from his share), legally alright under Hindu Succession Act ?
b. Can the married dauthers or their descendants ( i.e. sons & daughters) also demand share in this inherited Agriculture land ?
Please quote the relevent sec of Hindu Succession Act where applicable.
Also kindly quote relevent judgements of High COurt / Supreme Court where applicable.
Bhupal Singh
BHUPAL SINGH
(Querist) 27 December 2009
Please refer to my query on Hindu Succession Act reg share of second son & married daughters in inherited Agriculture land.
The father had made a Will in favour of only one son before his demise. Please add one more question as under--
If the second son ( call him B ) due to some reason relinquishes his share in favour of his brother ( call him A ), can the son ( call him C ) of second son ( i.e. B ) file a suite to demand his share from the inherited land by stating that his father ( second son B ) erred in relinquishing his share without consulting him ( i.e. C )
Bhupal Singh
Vinod Singh Tomar
(Expert) 27 December 2009
Dear Bhupal,
Your query is not clear on the following points;
Please mention following points:
1) Whether the said will is registered one.
2) whether the said agricultural land is not self acquired property by the executant of the will. If it is self acquired property then the situation will be different.
BHUPAL SINGH
(Querist) 28 December 2009
Dear Sh Vinod Tomar ji,
Thanx for your e-mail. The details are-
a. The Will was NOT registered.
b. The Agri Land is inherited property.
The father inherited from his father
in 1952. It is in fact ancestral land
which was allotted in 1948 against
the land left in West Punjab ( now
in Pakistan).It is NOT self acquired
property.
BHUPAL SINGH
(Querist) 28 December 2009
Dear Sir,
Further to my above query-
What is the legal status of a WILL in respect of ancestral/inherited property ?
To my knowledge, all sons & daughters ( unmarried ) have equal right to the ancestral property.
What about right of married daughters ?
If my interpretation is correct, then a
WILL in respect of ancestral property has
NO legal status. If I remember correctly,
I had read a Supreme Court judgement some yrs ago in this regard, in which it was clearly given the all sons and unmarried daughters have equal right. Can some learned lawyer quote some High Court or Supreme Court judgements in this regard so that I can study these.
An early clarification will be highly
appreciated.
With warm regards & best wishes,
Bhupal Singh
BHUPAL SINGH
(Querist) 02 January 2010
Dear Sir,
Firstly let me convey my best wishes for a " Happy & prosperous New Year 2010 "
Can some learned lawyer clarify the above points at the earliest ?
I shall be highly obliged for the clarifications.
With regards & best wishes,
Bhupal Singh
