Is the property inheritance proper?
2 years ago
Hi,
1) The Year 1920: My maternal great grandmother (Say Person : A), partitioned her property into two parts
a) one part was given to one daughter(Say Person : B1)
b) Another part was given to another daughter(Say person : B2), who is my maternal grandmother
Question: Does the property part which B2, my maternal grandmother got, becomes her self-acquired property?
2) The year 1960: My maternal grandmother(B2) executed a will in favor of her only child and my mother(Say Person : C)
Question: Since my mother C, the only child of B2, becomes the sole self-acquired owner of the property as the partition is not possible?
3) The year 2002: My mother C (who is having 11 children) registered a will in my favor and gave all her movable and immovable property to me.
and didn't give anything to the other 10 children.
4) The Year 2015: My mother (person: C) passed away.
5) The Year 2021: Some of my siblings are against the will and wanted to have a share/partition in the property.
(the one sibling who was the eye witness while registering the will in 2002 now after 20 years himself wanted a share in the property)
Question: Wanted to know as per the law, I am the sole owner of the property? or my siblings can challenge the will in civil court for partitions?
My answers are as follows:
Question: Does the property part which B2, my maternal grandmother got, becomes her self-acquired property?
Ans: Yes, it is self acquired property.
2) The year 1960: My maternal grandmother(B2) executed a will in favor of her only child and my mother(Say Person : C)
Question: Since my mother C, the only child of B2, becomes the sole self-acquired owner of the property as the partition is not possible?
Ans: Yes, it is self acquired property.
3) The year 2002: My mother C (who is having 11 children) registered a will in my favor and gave all her movable and immovable property to me.
and didn't give anything to the other 10 children.
4) The Year 2015: My mother (person: C) passed away.
5) The Year 2021: Some of my siblings are against the will and wanted to have a share/partition in the property.
(the one sibling who was the eye witness while registering the will in 2002 now after 20 years himself wanted a share in the property)
Question: Wanted to know as per the law, I am the sole owner of the property? or my siblings can challenge the will in civil court for partitions?
Ans: Yes, it is your self acquired property.
Rate me Five Star*
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Your siblings cannot file a lawsuit for a partition since your mother has left a will. However, it is pertinent to note that only a registered will shall hold more value than an unregistered one. As for the other questions, the answer is in affirmation.
If you find my answer helpful then kindly rate me.
B2 shall be acknowledged to have got self-acquired property. Yes, your mother would become the sole self-acquired owner. If your mother died intestate then there would be a question of a lawsuit against you. However, since your mother left a will, it cannot be challenged per see.
If you find my answer helpful then kindly rate me.
A2. Yes you mother C becomes the sole owner of the said property through the will
A3. You are the absolute sole owner of the property, if that will is genuine and valid, no question asked.
Street parking in residential colony
Work money not paid
Common wall
Property joint way issue
Varsai & will
