Title of a plot of land withground and firat floor in a coop.hsg society
3 years ago
The father was the original lease holder of the plot. In his will he did not mention anything about the land as to who will get the lease right of the land. He also wills the life interest to stay in the bungalow to his two sons and their wives till their life time .He did division of the property. The ground floor of the bungalow went in his wife's name and the first floor is in father' name .After the death of the father, the mother becomes the lessee in the coop. society’s record as per her nomination by father. The ownership of first floor is willed to his two grandsons. The mother makes a will in which she gives the ground floor to her two grandsons. She also wills plot of land wit hits city survey number mentioned in the will to her two sons. Her younger son is nominated by her as a nominee for the plot in the coop. society. After that the mother dies. After roughly one and half month the younger son becomes the member of the society with the shares in his name
Since the father has never said anything in his will about the land as per Hindu Succession Act do his three children i.e. two brothers and a sister become the title holders to the land in coop.hsg.society.?The problem has arisen as now the two grandson have got their name mutated on property card and are demanding that their names should be on the society's shares instead of their uncle(the youngr son). The society dismembers the younger son and passes a resolution to make the grandsons as members.
During the lifetime of their parents the grandchildren cannot claim any right as it is not ancestral property. It means coming from four generations if not it cannot be consider as ancestral property and the mentioning of names of grandchildren is illegal.
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According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property. In case of self acquired property, a son or a daughter has the first right as the Class I heirs if he dies intestate (without leaving a will). If you found this helpful, please rate us.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property. So this law will be applicable if the bungalow is a self acquired one. If you found this helpful, please rate us.