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Hindu succession laws

(Querist) 23 September 2021 This query is : Open 
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)?



Ashok B. (Querist) 23 September 2021
Pls advise on above issue under Hindu Succession Law
Ashok B. (Querist) 23 September 2021
Pls advise on above issue under Hindu Succession Law

Read more at: https://www.lawyersclubindia.com/experts/hindu-succession-laws-736666.asp
K Rajasekharan (Expert) 23 September 2021
The entire property had passed on to the ownership of your mother since 2011. Since 2021 the Grandson I became its owner, as pe the joint Will, if the Joint Will is executed in a proper manner and it exists in tact as the law prescribes.

A legally valid Will has predominance over the succession laws. Therefore Hindu Succession Law has no application in this issue.

P. Venu (Expert) 24 September 2021
Facts posted suggests the property not be ancestral. As such, the whole property stand bequeathed to the beneficiary.
kavksatyanarayana Online (Expert) 24 September 2021
I opine your query requires clarity. Whether the perpetual lease registered? After the demise of the grandparents, their legal heirs have equal rights over the property. If there is only a legal heir i.e. father, that property devolves on your father only as a legal heir. As your father is alive, your mother has no right over it. Why your mother executed the Will with the father? After the demise of grandparents, their son with his wife executed a Will in favour of I (Grandson). Here are the parents or grandparents, who executed the Will?
K Rajasekharan (Expert) 25 September 2021
The answer above given by me on 23rd of this month has some infirmities, as I misread the query.

I did not consider the “said property” as a land under lease by the grandfather but a self-owned land of him.

Therefore, kindly consider the answer cancelled or withdrawn, as I have no mechanism to delete it.
Sorry for the inconvenience.


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