Raj 11 March 2020

Will by a coparcener of huf

An ancestral property in Delhi has been divided amongst 4 brothers through a partition award. Then each brother had his own HUF. One brother died, leaving behind his wife and a son. Sometime later, the son died and after that the wife has also passed away. Now, no class 1 legal heirs are there! Will the property of the dead brother comes back to the brothers, being class 2 legal heirs or if the wife has made a Will before her death and has given the property to her sister, so was she in a good legal position to do it?

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Archit Uniyal 28 March 2020

Hello,

This is a case under the Hindu Succession Act 2005. As the ancestral property was divided amongst the 4 brothers through partition it became their separate property. Now, after the 2005 amendment to the Hindu Succession Act, under section 6, a woman is allowed to be a Karta of the family, holding the same rights to that of men. She can also prepare a will to dispose of property according to her choice, under section 30 of the HSA. In this case, the wife being the legal successor to her husband’s property, being a Karta after his death can pass on the property to her sister through a will. The property won’t go back to the brothers as the wife didn’t die without preparing a will.

I hope this solves your query.

Regards,

Archit Uniyal.