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rajesh (rtrtrt)     16 October 2016

Succession of property upon death for a single

Hi,

property(House) belonged to a parent who is no more , who had four sons A,B,C,D.

the parent gave the house as a GIFT to A and B only in the year 1988 that only A and B can enjoy .in the form of will and registered.

A has three children and B is dead now and he is single , unmarried and no children.

after the death of B , now children of C and D is claiming for B's part ..

are C and D 's children have leagal rights to claim ?

 

Rajesh

 



Learning

 17 Replies

Anish Thakur 7018812737 (advocate)     16 October 2016

no they cant claim and dnt have legal right over that house.

rajesh (rtrtrt)     16 October 2016

hi thanks for your reply ..

 

then can A enjoy the full property including B's ?

however, B do not have any children and blood relations are A , C and D..

B was staying in A's house and A was taking care of him.. and  B has 5 lakhs ruppes bank balance in savings account and nominee defined..

C and D claiming for savings account money too

 

Kumar Doab (FIN)     16 October 2016

Which personal law applies to the parents in this case e.g; Hindu? 

 

Who was owner of the said property; Father or Mother or both?

 

Was it self acquired/ancestral?

 

 

 

rajesh (rtrtrt)     16 October 2016

Hindu .. its a self acquired/made property by father . not ancestral 

Kumar Doab (FIN)     16 October 2016

Believing that both parents were Hindu and owner of the property and proerty was self acquired, the WILL was valid and duly acted upon ( NO cloud) :

The property that devolves upon beneficiary in WILL; may acquire status of self acquired in the hands of beneficiary.

 

A becmes owner of his share as narrated in WILL.Probably is alive.Confirm!

B becmes owner of his share as narrated in WILL. B is dead. B has not left surviving ClassI legal heirs i.e;  mother, wife and children.

 

B's share shall devolve upo ClassII legal heirs.

 

 

 

 

 

Kumar Doab (FIN)     16 October 2016

Regret while I was posting my last post, you posted a response that could not be looked into.

 

Father ( Hind male) has disposed hsi self acquired property by a registered WILL in favor of A, B.

B's share shall devolve upo ClassII legal heirs.

Nominee is mere a trustee and not owner.

Bank can dispose its obligation by making the payment to Nominee.

 

Nominee has to share with all survivors/legal heirs ( ClassII in instant case).

 

rajesh (rtrtrt)     16 October 2016

does C and D's sons fall under Class II legal heirs ? so can they claim B's share ?

Kumar Doab (FIN)     16 October 2016

You may go thru relations listed in ClassII in Hindu Succession Act.

 

rajesh (rtrtrt)     16 October 2016

but the will says the property should be enjoyed only by A and B .. if it devolves to class II , is int a violoation of WILL cluses ?

Kumar Doab (FIN)     16 October 2016

You are wise enough to understand that after demise of A or B it is their legal heirs.

Until or unless it is inserted in WILL that if B dies, his share shall vest in A!

 

Rest prefer consultation in person, with  a very able counsel secializing in, family/civl matters.

rajesh (rtrtrt)     16 October 2016

the only existing ClassII is "A "

and next is class 4 memebers are exisitng ..

in the above case will it go to class 2 and class 4 or only class 2 ?

Kumar Doab (FIN)     16 October 2016

There is nothing called as ;Class4!

Prefer consultation in person, with  a very able counsel secializing in, family/civl matters,and resolve the matter.

Protracted litigation may not fetch any benefit.

rajesh (rtrtrt)     16 October 2016

thank you sir for all the replies . will consult a counsel.

 

I meant 4th section of Class II are existing besides 2nd section(Brother 'A') of class II

Ms.Usha Kapoor (CEO)     17 October 2016

In my opinion  A and B's father  conferred equal rights on A andB in the house propety which i s his self acquired property. They have been enjoying the property as Joint tenants or coowners with equal rights with 50% share each. According to Joint tenacy law if one coowner dies his share will devolve on the other coowner or joint tenant by survivorship and not by succession on B' children if any. So after B's demise  THE P[ROPERTY GOES TO A.  ACORDING TO  JUST ENDED DISCUSION OF Kumar Doab in the absence of calss1  legal heirs of B  the property would preferably  go to class II legal heir, i.e. A. Hence looking from any point of  View A is the legal owner of  B's 50% share  also and is the absolute owner of  the entire house property.  If you appreciate this answer please click the thnk you  button  on this forum.

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