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Author Topic: Can my grand mother give all property to her son only and nothing to daugther?  (Read 332 times)

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Offline leenc

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We are Jain so I believe Hindu succession action applies.

My grand mother was just a house wife who recently died ...My grand father who died a year ago (before my grand mother) did make any will and all property in question was self acquired by my grand father in his life time...nothing was inherited by him.

My grand father who has 2 daughters and one son died without making a will. so as per my understanding 3 of his children who are alive and wife 4 shares should be divided equally correct? There are no  other class I heirs for my grand father.

My grand mother also recently died and I heard she said (of course before death) that she wants to give all her property to her son only...nothing to two daughters.

I am not sure if she made a will but even if she made a will and wants to give all property which was self earned (acquired) by my grand father can she do that legally? because my understanding is ..because grand father did make any will she has the right to only 1/4 of property and worst she can give is her 1/4th share to her son. So basically son will get 2 shares and 1 each for two daughters correct?

Offline advjaibansal

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Dear Sir,

The daughter has all the rights on the property even if there is WILL. please suggest the daughter to file a suit for partition if nothing is given to her. She has the equal right on her grand father's property.

jai bansal
Advocate, New Delhi
Supreme Court of India
mobile: 09868566649

Offline Heena68

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A person has the right to write a will or give away everything if only he or she has earned it by him or herself. She cannot act partially if she had not earnt it.
Will is generally written by people who have earned something.I can ask for a share in my ancestral property which was inherited.If a man had earned everything and had written a will,it is legal.

Offline adv.amarnath

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  • Advocate Amarnath Sanyal from Kolkata, West Bengal
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You have given an illusive statement where you have not clearly mentioned the family tree properly. So in general sense, if your grandmother executed a WILL then the entire her share will be transfer to the beneficiaries after filing of Probate Case. If WILL is proved then probate will be granted and beneficiaries will be the owner. You can challenge the WILL, if any, if any probate case is filed by the executor or executrix.

Amarnath Sanyal
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