chandan 29 May 2016

Hindu succession act

my mother has four sister n one brother. my nana ji inherit ancestral property in 1956 (without will) from his father. After that he sell some properties between 1956 to 2007 from that inherited property. Between this nana ji make a gift deed of some portion in favour of my mama ji in 1976. FRom that gifted portion my mama ji gifted some portion to my one massi in 1982 and another massii in 1998 though registerd gift deed. My nana ji make a will in in 1997 and stated that after my death my wife will take care of my property n after her death my only son will be the owner. (registered with to witness). nanaji died in 2007 after his death naniji inherit the property . but nani ji also make a will in 2010 and in that will she said after my death my son will be the owner and also make a general power of attorny on the same day when he make a will with to wittness (registered ) . she died in sep 2014 before her death my mama ji sale a propert worth rs 36 lakh with the help of gpa . MY question is my mother can get the share in this property and if we go to the court we can get the share and witness of all the will is in the favour of my mamaji side n we can clam for the share in 36lakh

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Kumar Doab (FIN) 29 May 2016

Apparently the maternal Grandfather has died in 2007 and prior to that there was no partition of property, hence your mother might be entitled to equal share, out of share of her father, being ClassI legal heir. Your mother's mother and brothers and sisters shall also havee equal share.

Your mother's mother can not dispose by WILL more than her share. So the WILL s valid=her share.

POA is also dead when your mother's mother died.

POA is valid=her share.

Your able counsel specializing in family/property/revenue/civil matters and well veresed with local laws and that has examined all docs on record can advise you the best, and further.