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Indian Law/Property dispute


QUESTION: My grandfather died 3 years ago without a will. His property was automatically divided equally between my mother, my mother's brother and my grandmother.  My uncle (mom's brother) harassed my grandmother (she was living with my uncle and aunt after my grandfather's death) because he wanted my mother to give up her share of property, and she would not.  Finally, to stop my grandmother's harassment she signed paperwork that said that my mothet and my uncle were both withdrawing their rights to the property and giving the whole property to my grandmother.  My grandmother passed away last month.   We don't know if my uncle made my grandmother make a will where all property will now go to him.  Does my have any rights to this property? My mother is a NRI.  My uncle lives in India.  Thank you.

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 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  daughters who were born and married before 1956 are also entitled to get a share in the property left by a deceased person.
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
1. upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
2. upon the heirs of the husband.
3. upon the heirs of the father, and
upon the heirs of the mother.
Therefore,in the instant case,after the death of your grand-father,his wealth devoved as per the last desire made in his WILL,if any and in the absence of the same, equally among his wife and children incuding his daughters as per the Succession Certificate to be issued by the court and after the death of your elder-sister,her property will devove upon her sons ans daughters.
Further, "WILL" executed by your grand-mother will not remain valid,if it was executed under duress.You can challenge it before the court.Moreover, please verify whether the said WILL was probated after her death.If not,then also it will have no legal validity.
Alternatively, you can enter into a "Family Settlement Deed" and get it registered.It will help in equitable distribution of the wealth and also to maintain peace and cordial relation within the family.In that case, they may give a share to your sister also.
In view of the above,please take aappropriate actions n the matter in consutation with a suitable lawyer.

---------- FOLLOW-UP ----------

QUESTION: Thank you for your helpful answer. If my mother's brother tries to probate the will my mother be  sent any notices from the court to see if she has any objections?  If  my mother objects to the will, then what will the court do? Thank you.

All the beneficiaries in the WILL will get opportunity for apperences before the hearing.She can certainly challenge the WILL and state her objections,if any.In the instant case ,there is a strong ground to challenge it,since it was made under coercion.
Please take aappropriate actions n the matter in consutation with a suitable lawyer.  

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. 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.

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. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi 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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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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