Legal Question in Civil Rights Law in India
Under Hindu Succession Act, if a person makes a WILL on his SELF EARNED property to his only son, does the son become absolute owner of the property and get the same right and privileges as if it is his self earned property?
Can this person who inherits the property as above, treat this property as HUF along with his only son and release his 50% of his property to his son for consideration - thus making his only son own the 100% property (this transaction is done before the Hindu Succession Act - Amendment came into effect). Do the daughters have any claim in such situation? Please clarify
1 Answer from Attorneys
20.06.2013
Dear Sir / Madam,
Yes, by virtue of a Probate obtained for the Will, the son as the beneficiary becomes the absolute owner of his father's property. The son is thereafter free to deal with the property as he so wishes to.
No, the daughters cannot claim a share in this situation.
Regards,
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