Hindu daughters have equal rights to ancestral property
My father died in 2011 after writing a Will by which he made a transparent division of his self-acquired property. As per the Will, my brother and I’ll inherit the property, whereas my two sisters will get some money. Now, one sister claims as per the 2005 modification, the Will stands negated and desires an equal share. Is she proper and might she go to courtroom?
—Name withheld on request
Two facets are concerned right here. Firstly, the registered Will of your father, if duly executed, could be legitimate and his property i.e., movable and immovable properties should be administered as per the Will itself. Secondly, the 2005 modification to the Hindu Succession Act, 1956, gave equal rights to daughters in ancestral property and likewise within the coparcenary property of her dad and mom. However, in your case, because the Will pertains solely to self-acquired properties, the 2005 modification wouldn’t be relevant since there’s a Will in existence. Therefore, although the sister is inside her authorized rights to problem the Will and method the courtroom, we consider that her declare wouldn’t have any deserves.
My elder brother expired in March 2016. He had left me and one sister as authorized heirs. It has come to our data that my brother had nominated the REC capital beneficial properties bonds to 3rd events with out our data. As authorized heirs to implement our rights, what’s the line of motion we should always take? Also, if my sister is just not curious about a authorized case, can I proceed alone?
—Name withheld on request
We are assuming that your brother died intestate, which suggests with out forsaking a Will. In such a case, the property of your deceased brother will devolve upon his class I heirs as per the Hindu Succession Act, 1956. In case there isn’t any class I heirs of the deceased, his property will devolve upon class II heirs. In your state of affairs, the one authorized heirs are your self and your sister, who could have equal rights over the property. Yes, you possibly can proceed in opposition to these third events by looking for her consent.
Aradhana Bhansali is companion, Rajani Associates
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