Legal Question in Wills and Trusts in India

Ref: An Article in THE HINDU dated 24-07-2011 by HONOURABLE JUDGE DR. JUSTICE AR LAKSHMANAN endorsing in principle, the views elicited by another article in THE HINDU �A LAW THAT THWARTS JUSTICE� written by Ms .PRABHA SRIDEVAN FORMER JUDGE THE HIGH COURT OF MADRAS.

While I was browsing for academic interest in search of information regarding the rights of female Hindu�s and her succession rights I read your article which was thought provoking and interesting pertaining to the exceptions in HSA of succession by a Hindu female dying intestate.

Quote: An extract from the article for reference:

This is the general rule of succession, but the Section also provides for two exceptions which are stated in Sub-Section (2). Accordingly, if a female dies without leaving any issue, then the property inherited by her from her father or mother will not devolve according to the rules laid down in the five entries as stated earlier, but upon the heirs of father. Unquote:

I am eager to know about a family property, which history is a female Hindu spinster owned a self acquired property (a Doctor by profession), The property owned doctor spinster sister dies intestate in 1988, she was survived by her elder sister alone stayed together. The Family tree of the died intestate doctor sister (this property owned lady), she was the fifth daughter to her parents, whereas all other siblings were viz. four elder sister , one younger brother and one younger sister. All of them died before independence, as well as before purchase of the property in 1954 but for her elder sister, who died subsequently in 1996. This alone surviving elder sister obtains a legal heir ship certificate and she was in possession and enjoyment of the property till her life time. Of the other three elder sisters, two sisters died as spinsters, one elder sister, a younger brother and a younger sister have surviving grand children as on date.

Can the alone elder who survived after death of the property owned sister, legally inherit the property absolutely as a sole survivor? if so, Does she have the right to bequeath the property to her close relative like that of a sister�s grandson?(grand nephew). Can the Grand nephew dispose of the property based on a will yet to be probated?

Sir, I am eager to known the legal implication qualitatively, neither have a law background nor have I solicited any legal proceeding on any in the matter, sheer quest for jurisprudence.

Thanking you, with Warm and Kind Regards

SIVA KUMAR SAMPATH

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