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Queries Participated

Ashok B.   23 September 2021 at 12:29

Hindu succession laws

A (Grandfather) acquired a land in 1940 on perpetual lease basis at his native place in Rajasthan and constructed a house on it, herein after referred to as the “said Property”. A spouse was B (Grandmother).

A (Grandfather) and B (Grandmother) died intestate in the year 1982, after coming into force Hindu Succession Act, 1956, and 2001 respectively , after coming into force Hindu Succession Act, 1956, leaving behind his only heir son C (Father) under the Hindu Succession Law governing them. C (Father) was married to D (Mother) and they had 5 children E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson).

C (Father) and D (Mother) made a joint will in the year 2009. Under the Will the said property and other properties and assets were to be given to survivor of them (ie vice versa) and after the death of both the said Property will be given to I (Grandson) only. C (Father) died in 2011 and D (Mother) died in 2021 leaving behind E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson) as their heirs.

Now question arises whether the said Property will now go to I (Grandson) as per will of C or will be equally divided between E, F, G, H and I (All Grandchildren) as an ancestral property (HUF)?