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Sathish   24 October 2017

Women’s property act 2005 & 1989 react with will docs

Scenario:-

Property - ancestral property

Land – Agricultural land

Place – Tamilnadu

Land owner – Father ,  who is having possession of land and patta (chitta) in his name.

Son - 1

Daughters – 2 and got married before 25.03.1989

Subject – Father wrote will document (testamentary) to Granddaughter name (Sons daughter) by mentioning  that, his Son can enjoy the profit share up to his alive but he cannot sale or transfer the property to others.  After his, ownership will change to granddaughter and she will get possession of land.

  1. Daughters got married before 25.03. 1989.
  2. Will document has been registered in registered office on 2002.
  3. Father passed away (died) on 2017 who wrote will (testamentary)

Kindly clarify,

  1. Whether this will document is acceptable or not.
  2. How it will affect by Women’s right act 2005 & Tamilnadu women’s right act 1989.
  3. 2005 act is stating that, if any alienation and partition happened before December 2004 then 2005 act not applicable. Pls clarify, Whether registered will (testamentary) also like  alienation and partition or not.


Learning

 1 Replies

Raghunathan   25 August 2018

No replies indicate no clear guidelines

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