Hi,
I am a law student and my friend approached me the other day with a problem.
My friend’s grandparents had purchased a flat in 1982. The flat was on both her grandparents name (joint). Her grandfather passed away soon after, nominating his wife’s name. No will was ever made. He left behind 3 sons and his widowed wife.
Now the grandmother wants to give the flat to her eldest son (my friend’s father). She has made a will accordingly for her share of the flat. However, as regards the share of the grandfather, what kind of division will be made? Being a law student, I feel that since the family is a hindu family and since the property is self owned and not ancestral property, the Hindu Succession Act should be applied and hence there should be equal division of the grandfather’s share(50% of total property) into four equal parts-1 for the widow and the remaining three for the 3 sons (Class I heirs)(12.5% each, for the widow and her sons)
However, the lawyer she consulted told her that the Indian Succession Act will be applied as per which half of the grandfather’s share (half of 50% i.e. 25%) will go to the widow and the remaining half will be equally divided into 3 parts for the sons.
In short: the lawyer says that the grandmother will now have her 50% + 25% (Half of grandfather’s share) i.e. 75% totally and the remaining 25% will be distributed amongst the 3 sons.
Am I right here?
If not, kindly tell me the reason. Is the Indian Succession Act applicable to Hindus? Does buying property in joint name result in considering the property as coparcenary property? This is a very interesting problem and I wish to know your expert opinion.
Thanks in advance, 
