My grandfather has his own self-acquired property
11 months ago
Dear Sir / Madam,
My grandfather has his own self-acquired property and he has a wife, one son, and one daughter. My grandfather is deceased without any will.
After his death, his property got transferred to my grandmother’s name with the NOC from Son and Daughter.
Now my grandmother has deceased, and he has made a registered will on the whole property and the majority of the benefits have been given to the Daughter and not to Son.
Please advise in this case my grandmother is eligible to make a will on the whole property without giving any share to her Son.
And recently Daughter processed the transfer of property without knowing us Son and his Family.
Please advise in this case what we should do.
A.Good evening!
The succession of a property of a Hindu female is governed by Section 14 to Section 16 of the Hindu Succession Act, 1956 only if they die intestate (without a will). The grandmother has signed a will thus, these provisions will not be applicable. As the son and daughter have already signed a NOC, the property entirely belongs to the grandmother. She is thus eligible to transfer the property in whatever way she wishes. Neither the son or the daughter have any say in how the transfer is made.
Now, if she has transferred it to the daughter through a registered will, the transfer is valid. The daughter is under no obligation to inform the son or his family if she wants to transfer the property.
In your case, I assume you are asking on behalf of the son mentioned. The only remedy that the son has is to prove the NOC invalid.
The succession of a property of a Hindu female is governed by Section 14 to Section 16 of the Hindu Succession Act, 1956 only if they die intestate (without a will). The grandmother has signed a will thus, these provisions will not be applicable. As the son and daughter have already signed a NOC, the property entirely belongs to the grandmother. She is thus eligible to transfer the property in whatever way she wishes. Neither the son or the daughter have any say in how the transfer is made.
Now, if she has transferred it to the daughter through a registered will, the transfer is valid. The daughter is under no obligation to inform the son or his family if she wants to transfer the property.
In your case, I assume you are asking on behalf of the son mentioned. The only remedy that the son has is to prove the NOC invalid.
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