Succession laws
Ashok Ashok
(Querist) 27 September 2021
This query is : Resolved
1. Grandfather “is referred to as A”
2. Grandmother “is referred to as B”
3. Father “is referred to as C”
4. Mother “is referred to as D”
5. Grand Daughter-1 “is referred to as E”
6. Grand Daughter-2 “is referred to as F”
7. Grandson-3 “is referred to as G”
8. Grandson-4 “is referred to as H”
9. Grandson-5 “is referred to as I”
Facts & Background
1. A acquired a land in 1940 on perpetual basis at his native in Rajasthan and constructed a house on it (hereinafter referred to as “the said property”).The said property was a self-acquired property. A was married to B.
2. A had a son C, C was married to D and they had five children E (Granddaughter), F (Granddaughter), G (Grandson), H (Grandson) and I (Grandson).
3. A died intestate in the year 1982 and B died in the year 2001 leaving behind his Son, Daughter-in law and Grandchildren.
4. In 2009 C and D made a joint will, under the said will the said property and other properties and assets were to be given to survivor of them and after the death of both the said Property will be given to I (Grandson) only.
5. C Died in 2011, as per the joint will made in the year 2009 all the properties devolved upon D. D died in 2021.
B. Query:
I raised the following queries:
1. Whether the said Property will now go to I as per the Joint will of C & D or will be equally divided between E, F, G, H and I (All Grandchildren) as an ancestral property (HUF)?
P. Venu
(Expert) 29 September 2021
Th facts posted do not suggest the property to be ancestral.
Ashok Ashok
(Querist) 29 September 2021
Will it go to grandson 'l'?
Dr J C Vashista
(Expert) 29 September 2021
D has no right, interest, claim or title in the self-acquired property of A & B, hence she can not bequeath will.
The property devolved to C shall be inherited by E, F, G, H & I equally, which would not be HUF.
