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hindu succession act, sec-14

This query is : Resolved 
 


Querist : Anonymous (Querist)
22 November 2010

Respected sir/s,
husband transferred his property on to his wife name through a settlement deed one day before the succession act was enacted.this property was to be enjoyed by the wife during her life time and upon her death by her sons. but during her life time she stated that she is the absolute owner, and executed a will in favour of only one son.
1. will she become the absolute owner?
2. can the will be challenged by other sons?
req to provide precedent case laws.


A V Vishal (Expert)
22 November 2010

If the property is self acquired property of the husband then the will executed by the wife in favour of only one son is absolutely valid. However, clarify whether only life interest was created by the settlement deed, if so, then the will is invalid, bad in law and can be challenged.

Raj Kumar Makkad (Expert)
22 November 2010

As per the contents of the query, such wife had only life interest in the property and she was never made absolute owner hence her will is invalid and can be Challenged by all other sons before competent court of law within limitation of 3 years from date of knowledge.

Khaleel Ahmed (Expert)
23 November 2010

I agree with Raj.

Uma parameswaran (Expert)
23 November 2010

Please go through the settlement deed and find out the mother's right over the property. Also see father's right over the property to execute a settlement deed in mother's favour.

s.subramanian (Expert)
23 November 2010

With the introduction and enforcement of the Hindu Succession Act in 1956,the limited estate or right that was given to the wife got enlarged into an absolute right under Sec.14 of the Hindu Succession Act. Hence it is her absolute property and she can deal with the same as she likes.

Devajyoti Barman (Expert)
25 November 2010

YES

I.S.Roy,Advocate (Expert)
26 August 2012

I agree with Sri S.Subramanian which absolutely correct

with regrds
I S Roy



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