Legal Question in Family Law in India
entitlement of propery of grandfather
My grandfather acquired properties detailed as under:
1.A plot of land in 6/1956 with the help of compensation amount received from Govt. in lieu of his share in the ancestral property at the time of being displaced in 1947 from Pakistan. There after constructed a house thereon with the balance amount of compensation and earnings from the agricultural land allotted in lieu of agricultural land in Pakistan.
2.A plot of land in 6/1956 and constructed a house thereon with the help of his own savings.
He died in 1977 without leaving any will and he survived by his wife and only son. His wife also expired in 1982. Thereafter all the property was recorded in the name of my father in municipal records. My father made a will of the property in the name of one of my brother.
My other brother have objected and say that the will of my father in the name of one son is not valid and it doesnot tantamount to be sole owner of the property. Kindly advise what is the legal position of all the brothers including in whose name the will has been made.
1.Whether the brother beneficiery through will can be the soleowner ?
2.Whether the brother beneficiery through will can be the owner to the extent to which father was sharer in th
2 Answers from Attorneys
Re: entitlement of propery of grandfather
Dear sir,
You have not stated that how many children of your grand father and by virtue of which mode you father acquired the ownership right in the property.The mitakshra law is that in joint hindu family the male child get the right of share in ancestral joint family property at the time of his inception in womb and woman are entitled to maintence only.hence all your brothers and also your father got share in property no.6/156 after the demise of your grand father.But in view of hindu succession Act wife of your grand father along with your father is entitled to have share in said property.if the otherproperty ispurchased from the contribution of saving by any mode from said property no.6/1956 then the same also amount to ancestral property.However correct openion could only be given after seeing the other details.If required you may contact me on 9873343288(Delhi).or mail :[email protected]
thanks.
siddharth
Re: entitlement of propery of grandfather
Answer to your query No.1 is absolute NO.Answer to query No.2 is YES.
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