Question Hello sir,
My question is that my grandfather purchased some properties like 1 shop,2 factories and 1 house. Also 1 house which was build by the money which was earned from the shop. So, in total 2 home. My grandfather have 3 sons and 2 daughters.House is under 1st son's name,the shop is under the name of 2nd son. 1 factory is under 2nd son's wife and the 2nd factory is under my grandfather's name and half under 1st son's wife as they were partners.2nd house which was purchased and build by the shop money is under 2nd son's name. My father is the 3rd son. When all these properties were purchased at that time my dad was minor. My dad's family and 1st son's family lives together from last 30 years.2nd son and his family lives in another house which was build by shop earnings. Factory which is under the wife of 2nd son's name is been handled by my dad from last 20 years. House tax,Income tax,electricity Bills and other bills are under my dad's name. Before deing my grandfather made a will and the half factory which was under his name he made it under my dad's name but the will is not signed as he passed away before that. Does my dad and his 2 sisters have the share on all the properties. If my dad's brother ask him to leave the house and the factory then will my dad get his share.?
Answer If a male Hindu dies without making a "WILL",then the wealth left by him are distributed amongst his legal heirs preferably equally to his class-I heirs comprising son,daughter,widow,son/daughter of a predeceased son/daughter etc. and otherwise to class-II heirs comprising father,brothers/sisters etc.as per the order prescribed in the Act.However,prior to amendment of the Hindu Succession Ac,1956 the daughters were excluded from participating in the coparcenaries ownership and thus discriminated on the ground of gender. It also led to oppression and negation of her fundamental right of equality guaranteed under Article 226 of the Constitution of India. Parliament felt the same and accordingly decided to make in necessary changes in the law. Accordingly, Section-6 of the Hindu Succession Act, 1956 was substituted by a new provision vide the Hindu Succession (Amendment) Act, 2005 under which even daughters are also entitled to get equal share with other legal heirs in the property left by a deceased person.
In the instant case,though your grand-father made a WILL,his wealth will have no legal validity, since it was un-signed.As such they will devolve upon his legal heirs equally including yourself as per the Succession Certificate to be issued by the court. Your two sisters will also be entitled to get equal shares provided your father died after the Hindu Succession (Amendment) Act, 2005 came into force.It will be necessary to get the "WILL" probated through a court.As on date ownership of the properties purchased/built by your father will belong to the persons,whose name in respect thereof are appearing in the revenue records.
Alternatively to maintain peace and cordial relation within the family ,you can enter into a ''Family Settlement Deed''.It will facilitate equitable distribution of the wealth instead of concentration of the same in the hands of a few.Further,it would avoid litigation and will help to maintain reputation of the family.Even Courts have recognised such mode of settlement.However,it will also require registration of the Deed,since it involves distribution of immovable properties..
In view of the above, please take appropriate decision in the matter in consultation with a suitable lawyer.
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I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.
Organizations Member,Inst. of Chartered Accountants of India
Member,Inst. of Company Secretaries of India;
Member,Bar Council of India
Member,All India Management Association
Member,Delhi Management Association
Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I.
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Ex. Faculty ,I.C.S.I as well as I.C.W.A of India
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Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd.
Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore
Awards and Honors Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.
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