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GopalTkrishna   21 June 2017

Acquired property to granddaughter after demise

My mother has property at Chennai. We are a Nair family. Sister and me are the legal heirs. Recently my sister had a daughter. Can my mother will her propertyto her grandchild after her demise. 

As per Nair laws can property be bequethed to grand child overlooking me, her son?

 

 

 

 

 



Learning

 14 Replies

Kumar Doab (FIN)     21 June 2017

What is Nair Law.

Is your mother alive.

Is it her self acquired property/ and -or She got the proeprty from whom.

Pls clarify.

Kumar Doab (FIN)     21 June 2017

What is Nair Law.

Is your mother alive.

Is it her self acquired property/ and -or She got the proeprty from whom.

Pls clarify.

GopalTkrishna   22 June 2017

This property was acquired by mother with her savings. She is alive. Nair laws are matriarchal mothers property passes down to daughter. My mother wants to write it in favor of sisters daughter.

GopalTkrishna   22 June 2017

This property was acquired by mother with her savings. She is alive. Nair laws are matriarchal mothers property passes down to daughter. My mother wants to write it in favor of sisters daughter.

GopalTkrishna   22 June 2017

This property was acquired by mother with her savings. She is alive. Nair laws are matriarchal mothers property passes down to daughter. My mother wants to write it in favor of sisters daughter.

GopalTkrishna   22 June 2017

This property was acquired by mother with her savings. She is alive. Nair laws are matriarchal mothers property passes down to daughter. My mother wants to write it in favor of sisters daughter.

GopalTkrishna   22 June 2017

This property was acquired by mother with her savings. She is alive. Nair laws are matriarchal mothers property passes down to daughter. My mother wants to write it in favor of sisters daughter.

GopalTkrishna   22 June 2017

This property was acquired by mother with her savings. She is alive. Nair laws are matriarchal mothers property passes down to daughter. My mother wants to write it in favor of sisters daughter.

Kumar Doab (FIN)     22 June 2017

You may go thru:

The Hindu Succession Act, 1956

3 Definitions and interpretation .—(h): (a) who, if this Act had not been passed, would have been governed by the…………..but does not include the aliyasantana law;……………

6 Devolution of interest in coparcenary property. —5………….The Kerala Legislature has enacted the Kerala Joint Hindu Family System (Abolition) Act, 1975.

 

7 Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom .

 

14. Property of a female Hindu to be her absolute property.— (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by……………………..or by her own skill or exertion, or by purchase or by prescripttion, or in any other manner whatsoever……………..

 

15. General rules of succession in the case of female Hindus.—

17. Special provisions respecting persons governed by marumakkattayam and aliyasantana laws.—

https://indiankanoon.org/doc/685111/

Kumar Doab (FIN)     22 June 2017

Joint family System among Hindus of Kerala was abolished with effect from 01.12.1976 by Act 30 of 1976.

The Kerala Joint Hindu Family System (Abolition) Act, 1975.

3. Birth in family not to give rise to rights in property

4. Joint tenancy to be replaced by tenancy in common

https://www.geocities.ws/paivakil/personallaws/03097600.html

Kumar Doab (FIN)     22 June 2017

For your academic and future interest you may go thru:

 

Kerala High Court

M.D.Varadarajan vs G.Sureshkumar on 7 January, 2008

https://indiankanoon.org/doc/351010/

Kumar Doab (FIN)     22 June 2017

Apparently it seems that the Lady can dispsoe her self earned/acquired/absolute property in her life time in anyone's favor, by a valid/registered deed.

naresh A Mr. (Others)     01 July 2017

All the succession laws etc shall come into effect only if your mother doesnt leave a Will behind after her demise. But since she is alive and the property is bought from her own savings she is the absolute owner and can bequeath the property to anybody she likes which can even be her granddaughter that you mentioned. She can do this through a WILL OR even a Settlement deed without or with life interest or a Gift deed. But a Will can still be contested in court.    Please consult  a reputed lawyer in person to get all possible scenarios.

Kumar Doab (FIN)     03 July 2017

It is felt that contentions that you have posted may not be applicable.

Online discussions have it’s own limitations.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters and well versed with applicability of customs of your community.

This may cost some FEE but can defend long term interest.

If your counsel(s) opine contrary to your contentions then look for amicable recourses and try affectionately with mother.

She may decide to gift her estate by her sweet will to tohers as well. 


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