SHARE IN ANCESTRAL PROPERTY
Hardeep Singh
(Querist) 20 August 2009
This query is : Resolved
Sir,my wife's family has ancestral property. Her grandfather's father made a direct will in favour of her father instead of her grandfather. Her father made a will in favour of his only son (my wife's brother). Now her father is passed away and all property is transferred to her brother's name. After the death of my father-in-law in Dec 2008, now situation is changed. Can my wife get a share from her ancestral property at this stage even after her father's will in favour of her brother?
It is also intimated that her consent was not taken by any body at the time of transferring of property to her brother's name after the death of her father in Dec 2008.
sanjeev murthy desai
(Expert) 20 August 2009
Dear Hardeep Sing.
Absolutely your wife dont have any rights in respect of that property. Her consent is immatarial before 2005 disposed through the Will.
sanjeev desai
Manish Singh
(Expert) 27 August 2009
Dear Mr. Singh,
I agree with the opinion of Mr. Desai as he is asolutey correct.
Firstly, the will is completely valid as the will was made in connection with the property solely owned by the father.
also subclause c of section 6 of the amendement act provides that if any disposition by way of testament has taken place before 20th Dec, 2004, the same can not be questioned by any female heir. so the will and the disposition under the same is perfectly valid and thus can notbe successfully challenged.
'6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:
Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.
