give the final decision for the resolved by going thru the query
Querist :
Anonymous
(Querist) 26 October 2010
This query is : Resolved
sir,
from karnataka
can i get my share from my grand father property beause my father wrote a will for my 3 brothers in 1968 property belongs only to 3 sons, and not for 3 daughters
can i get or my son can get my age is 63 yrs. the property is divided by my 3 brothers in 1974 and 2 brothers made khatha to their nams and 1 brother did not
made khata till now his khata nmber comes as my grand fathers khatha number.
Expert : R.Ramachandran
Posted On
26 October 2010 Since your grand father has given the property through WILL to his three sons, no one other than the three sons can claim any right over the property.
author : Anonymous
Posted On
26 October 2010 sir,
my grandfather did not give the will, my father wrote the will to my brothers for my grandpas property it is ancestral
author : Anonymous
Posted On
26 October 2010 because it is ancestral my father has no right to will for my brothers my grandpa did not make any will my grandpas only son is my father
Expert : R.Ramachandran
Posted On
26 October 2010 Please indicate whether it is your grand father's self-acquired propery or not?
(2) Is your father only child of your grand father or there were others - if so details.
(3) Your father got this property in his name after death of his father (i.e. death of your grand father).
(4) What about your grandmother - is she alive or has she died. If died, when did she die?
author : Anonymous
Posted On
26 October 2010 it is not my grand fathers it is his fathers, my father is the only son to my grandfather after my grand fathers father died and my grand father died the propety passed to my father my grandpas did not make any will but my father made the will to my brothers of his father and grand fathers property my mother died in 1982 my father made will to my brothers in1968
Expert : R.Ramachandran
Posted On
26 October 2010 Dear Mr. Anonymous,
I am attaching a file showing how the hindu property will be treated in different situations. Based on this, you can apply to your situation and come to a conclusion.
Expert : R.Ramachandran
Posted On
26 October 2010 Sorry, I forgot to attach the file. Now attached.
Attached File : 7_hindu_propertylaw.doc downloaded 7 times
Expert : Devajyoti Barman
Posted On
26 October 2010 Right
author : Anonymous
Posted On
26 October 2010 sir,
prior to 1956 the will made to my 3 brothers only by my father in 1968 and did not mention my mother name ,he wrote in the will that the property should be divided by three son and died according to the will they divided themselves by my brothers they did not mention my mothers share nor daughters.
my father died in 1969
andd the property divided by brothers in 1974 did not mention my mothers name in it
and my mother died in 1982
now i can claim that where is my mothers share , that share should come to daughters as mothers gift
Expert : Khaleel Ahmed
Posted On
26 October 2010 The act of your father is totally illegal as per the Hindu Law. The property in subject is inherited property as per details provided by you. The will of your father will stand null and void. You are advised hereby to file a suit for partition of the total properties left by your grand father without any delay.
author : Anonymous
Posted On
26 October 2010 my father made a will of his grandfathers property , he has no right to make for ancestral it is not self aquired by my father
he cannot make the will to his sons only
where is his share for his wife after his death did not mention nowhere now we can fight for my motheer share
Expert : R.Ramachandran
Posted On
26 October 2010 Even after making available the file, you are still approaching us. No problem. But to give you the answer please indicate the following:
(1) When did your great-grand father die?
(2) When did your grand father die?
(3) Who are the children of your grand father?
(4) How may children your father had (sons + daughters)?
On receipt of the above information I shall try to answer your query.
author : Anonymous
Posted On
26 October 2010 sir,
a) dont have the date
b) grand father died at 1945
c) only one son for my grand father
d) 3 sons and 3 daughters all are still alive to my father
author : Anonymous
Posted On
26 October 2010 ramachandran R sir,
i can file a suit on my brothers for the share or i can file a suit be-half of my mothers share because when my mother was alive neither my father mentioned her name anywhere neither by brothers didnot mention her name for her share when they made partitions to themselves so pls ans
if it is possible to file a suits
aman kumar
(Expert) 26 October 2010
???????????????
s.subramanian
(Expert) 30 October 2010
Since your father is the only son,he inherits the share of his father as his self acquisition. You cannot claim any share in those properties in view of the will of your father. it will be a futile exercise after the passage of such a long time.
R.Ramachandran
(Expert) 30 October 2010
The above query was answered by me on 27th October itself as under:
According to you the Will was made by your father in the year 1968.
According to Section 6 (unamended) of HSA 1956, when a male hindu having interest in a coparcenary property dies, leaving a surviving female relative specified in Class-I schedule, his interestin the coparcenary property shall devolve by testamentary or intestate succession as the case may be.
Testementary devolution means, either through Will or Gift etc.
In this case, your father having interest in co-parcenary property has disposed of the property by means of a Will in favour of his sons. Thus, the co-parcenary property will devolve on the sons in view of the Will.
Since the property stands disposed of through testement, the property cannot be said to be intestate. Since it is not intestate, the property cannot be inherited by the Class-I legal heirs of the deceased (i.e. your father).
Thus, only the sons are entitled to the property and the daughters cannot stake a claim.
