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Ram (Practice)     02 May 2009

Effect of Will in Hindu Succession( Amendment )act Tamilnadu

Dear Sir
I am residing at Tamilnadu. My father expired on 2000 after writing aregistered Will during 1995.My mother died before he died.I have two sisters.I am a only son to him My had indicated in that Will that he had settled all my 4 sisters by way jewels and cash .Since he settled them as above,he had given rights to me to enjoy property. Even after 1995, my father used to give them cash and some land register on them.In spite of all, whether my sisters can claim equal rights in the above said property in the Will as i have not done name transfer from my father ? and they are married before 1995 . In fact I am Physically handicapped person Hence my father has given this rights in these property . Then whether can i change name transfer using this Will and whether this Will is enough to do name transfer


 14 Replies

Swami Sadashiva Brahmendra Sar (Nil)     02 May 2009

like a transfer between living persons, no one can bequethe beter right than himself. if a person has birth right in a property, it can not be affected by will. in other words, a will is effective in respect shares of testator only.

Ram (Practice)     03 May 2009

DEar Tripathi Sir

I am not understand what u are saying .Based on Will , the only son is Leagtee. Will says that other sisters were  settled by their father with  Gold and cash. He clearly indicated that no property was assigned . In this whether sister can claim the property . Theproperty is in Tamilnadu at interior village

Swami Sadashiva Brahmendra Sar (Nil)     03 May 2009

exact advice can be given only after veryfying land laws of tamilnadu. however, under land laws normaly  the father has exclusive rights to dispose of his lands. thus you should approach to appropriate revenue authorities for mutation of names.

Ram (Practice)     03 May 2009

DEar Tripathi

Thanks for guidance and advise . I will be very thankful to you if check with tamilnadu Laws and order which they have amended during 2005.

When i proceed for mutation of Will , In case she try to stop the process of mutation with Revenue officer, whether they will continue to proceed or they will also deny. In case they deny to proceed for mutation, what will have to do and prefer to oppose

Swami Sadashiva Brahmendra Sar (Nil)     03 May 2009

plz do not mix up Hindu succession Act with tenancy laws. in your case tenancy laws are applicable. if authorities do not accept the will for mutation, you have to obtain a  probate from civil court. if will is accepted nd your sister is agrieved, she has to file a suit for declaration that will is null and void.

for exact provisions of local laws, plz wait advice of somee other expert conversant with tamilnadu land laws.

Ram (Practice)     03 May 2009

DEar Sir

Thanks sir for advice . I have aske in general.


a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     06 May 2009

Dear Sir,

It is depending on the nature of the properties and when your sisters got married . Before 29/3/1989 or after 29/3/2009 . Whether the properties are self-acquired or ancestral property?

a.manoharan (Advocate 94431 45884 advocatemanoharan@gmail.com)     06 May 2009

Dear Sir,

It is depending on the Relegion,  nature of the properties and when your sisters got married . Before 29/3/1989 or after 29/3/2009 . Whether the properties are self-acquired or ancestral property?

Ram (Practice)     06 May 2009

Dear Manoharan Sir

We are belongs to Tamilnadu,Hindu religion. The property is situated at interiror village coming under the taluk office.All sisters were married beofre 29-03-1989. My father has got these properties  of about 3 acres through own resoureces and 3.5 acres from his dad ( there are two brothers for my my father ) through Will separately . My grandfather  has written the Will for both sons  by giving these 3.5 acres  each . Now my father has given all ( 3+3.5 acres) to me by way of registered Will with two witness. He has mention in his Will that all my sisters were given enough gold jewels and cash .Now also I use to give.

Now please tell  me  what Hindu succession(Tamilnadu Amendment ) Act  says for this. what the probability of success for me and also for my one of the sisters if this one sister goes to court

V. VASUDEVAN (LEGAL COUNSEL)     12 December 2009

 Dear Ram, Since the properties situated in the outskirts of the City (outside the original jurisdiction of the High Court of Tamilnadu). The will need not be probated. You should produce the will copy with the local authorities and get your name mutated (recorded) instead of the name of your father - since the property comprise your father's self acquired and also a part of ancestral property , you may have to get the consent/no objection of your sisters only for the ancestral (property given by your grandfather to your father). Please check with the local lawyer for further details, to read and construct the will properly, in case of difficulty.


Ram (Practice)     16 December 2009

Dear vasudevan Sir

What is nature of my property whether ancestral or self acquired property as some of property ( say about 3.5 acres) my had acquired his share  from his father by  way of registered will during 1956. So please confirm whther the property acquired  by way of will for his portion is self -acquired or separate property or ancestral property

V. VASUDEVAN (LEGAL COUNSEL)     16 December 2009

Originally posted by :a.manoharan
" Dear Ram, the property of around 3.5 acres is an ancestral property since you father received it through a will. For this property, you will have to get no objection/consent from the other legal heirs of your father - brothers, sisters.. Vasudevan  

Anil Agrawal (Retired)     19 December 2009

 Request clarify.

A will is submitted for probate. Four legal heirs. Court sends notices to all of them. 1 notice is not served as he left the last known address. 1 does not respond to notice. 

Can court proceed in the absence of response of two heirs and will it be taken as their no objection? Is there any time frame for filing objection?

Ram (Practice)     21 December 2009

Dear vasudevan Sir,,

 I have read in one of the forum of Adv Vijay states that Ancestral or Hindu Copacenary property as has been defined by Mula an authority on Hindu Law applicable to whole of India including Chennai, Tamilnadu & followed by the Supreme Court of India & other State High Courts stands for any property acquired by the Hindu great grand father, passed that undivided property down the next three generations up to the present generation of great grand son/daughter. In short this property should be four generation old, secondly this should not have been divided by the users in the joint Hindu family as once a division of the property such as this asked by any of the Copacenar the share or portion which each Copacenar gets after the division becomes his or her Self Acquired property.
Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as 'Will' etc.

Sir Considering above definition my 3.5 acre is self acquired property . Please suggest and confirm once . If you have any high court judgement relating to ancestral property acquired thro' testamentary documents ,I request you to attach please

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