Right in the property through inheritance
Sudarshan
(Querist) 30 August 2020
This query is : Resolved
My Great Grand Father had built a big home in 1946 with his own money. The property was registered in the name of my great grand mother. After my great grand father’s death, my great grand mother made a will in which she mentioned that property shall be devolved to her 2 sons one of them is my grand father. My great grand father has only 2 sons but around 6 daughters. The will was not challenged by any of those daughters. After my great grand mother’s death the property came into the hands of my grand father and his elder as per the will. During early 90’s my grand father’s brother sold his share of the property to my grandfather and the property was in entirety registered in the name of my grand father. In year 2010, my grand father made a will in which he mentioned that after his and her wife’s death the property shall be devolved upon to his 2 sons one of them is my father. My grand father has total 5 children which includes 3 daughters. My grand father clearly mentioned in the will that the property was his own property subsequent to purchase from his brother. Now after the recent Supreme court judgement, Will my Father’s sisters have a right in this property?
Dr J C Vashista
(Expert) 30 August 2020
Be brief and specific for consideration and obligation of experts on this platform.
Shilesh Patel
(Expert) 30 August 2020
your grandfather has made a will for your fathers and his brother, so the property will not go to your aunt's.
Advocate Bhartesh goyal
(Expert) 30 August 2020
No,your father's sister has no right and share in questioned property.The property in question is called your grand father's self acquired property and your grand father had every right to transfer,sale bequeath and gift the property to any one as per his wIsh.Recent S.C judgment does not apply in the matter.
Rajendra K Goyal
(Expert) 30 August 2020
Property came in the hands of your father through will and purchase. It would be treated as his self acquired property. His sisters have no claim in it.
P. Venu
(Expert) 05 September 2020
Yes, it is self acquired property. The 2005 HSA Amendment or the Supreme Court Judgment is of no impact.
Sudarshan
(Querist) 02 July 2021
In continuation to this post, my father’s sisters have filed a civil suit in junior civil court claiming that the property is ancestral property and their father died intestate leaving all of them as legal heirs. In fact our grandfather died after making a registered will. Do they have any chance in the court and is this now a litigation if we were to sell the property? Please help on how we can claim our right at the earliest
P. Venu
(Expert) 02 July 2021
In the litigation, the Will needs to be pleaded and proved. It is no relevance that the Will is registered.
