Legal Question in Real Estate Law in India
Widow inherited property after husband died in 1968 according to section 6,of hindu seccession act in family property(one house) and huf continued.she continued to be a member of the family and the property including that of her was held by the family. She made a registered will in aug 1983 bequeathed her share in this house property to younger son.In 1989 feb the house property was partitioned by delhi high court and widow got 1/3rd share in lease hold rights and super structure.Now my question is could widow make a registered will when she was member of huf.In income tax huf returns filed but in land and development office individual names of three owners are mentioned,widow and two sons.It means i think that in land and development office huf is not mentioned. The property is in new Delhi.
My second question is why L.d.o. does not substitute name according to registered will since DDA does it.Why two laws for Delhi.
2 Answers from Attorneys
one has to go through the order of high court and the needful be suggested.
In view of section 14 of Hindu Succession Act, share coming to a lady becomes her absolute property and may be disposed of by way of Will.
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