We are Hindu. My maternal grandfather handed away in 2004 with out leaving any Will. He had 11 youngsters together with my mom. My maternal grandmother had handed away in 2000. The home nonetheless stands in his title. When my mom requested for her share in the home, my maternal uncle contended that because the grandfather handed away earlier than 2005 my mom and different sisters shouldn’t have any proper within the property and will probably be divided amongst brothers solely. The property is located in Mumbai. Just needed to know if competition of my uncles is right or not?
If a Hindu makes a Will in respect of belongings owned by him, such belongings cross on as per the directions contained within the Will. However, in case no Will is made by a Hindu male, his private belongings will cross on to his authorized heirs as per the provisions of Section 8 of Hindu Succession Act, 1956.
As your grandfather handed away with out making a Will in respect of the home owned, which I presume was his private asset and never one belonging to Hindu Undivided Family (HUF), will cross on to his class I authorized heirs as per schedule of the Hindu Succession Act, 1956. Class I authorized heirs embody sons, daughters, spouse and the mom and many others. Since mom of your mom had handed away previous to loss of life of your grandfather all the kids of your grandfather will inherit the home in equal share instantly on his loss of life. This provision in respect of private belongings of a Hindu are relevant since seventeenth June 1956 i.e. inception of Hindu Succession Act, 1956. It is the legislation making a daughter a coparcener of an HUF which was amended from ninth September 2005. As per the legislation amended in 2005, even daughters have rights equal to that of sons within the HUF property.
Balwant Jain is a tax and funding skilled and could be reached on [email protected] and @jainbalwant on Twitter.
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