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    Can married woman claim a right in her grandfather's property?

    Synopsis

    A woman has a right over the grandfather’s property if it has not been devolved or is vested absolutely with her father.

    women-property-gettyGetty Images
    For a self-acquired property, the father has the right to gift or will it to anyone he wants.
    Here are some will and estate planning queries answered by Raj Lakhotia, Founder, Dilsewill

    I am a married woman and my father and brother are refusing to give me my share in the ancestral property. My father has registered nearly half the properties in my brother’s name without my consent. My father also has self-acquired properties but refuses to share any details. Am I eligible to claim a share in my grandfather’s property? What should I do and how should I proceed?
    For a self-acquired property, the father has the right to gift or will it to anyone he wants, and a daughter cannot raise any objection. For ancestral property, you have the right over it if the grandfather’s property has not been devolved or is vested absolutely with your father. If so, you can file a stay petition and ask for your share in the property.

    If a Parsi man leaves a valid will, would it override the Parsi Succession Act? Would this also apply to all other religions?
    Yes, a valid will written by a Parsi man shall override the provisions of the Parsi Succession Act. The same will also be applicable to other religions.

    I bought four plots of lands but registered these in my parents’ names as I was working abroad. Later, my parents registered a gift deed in my name. I have two married sisters. While selling the plots, do I require my sisters’ signatures? Can a daughter raise objection to these properties? Can I sell the property one at a time as there is only one gift deed?
    Once the gift deed is registered in your name and the property ownership is transferred, you do not require your sisters’ consent to sell the property. The daughters can always raise an objection, and it will have to be proved that the property was gifted without any force or coercion. If you can prove that the land was acquired with money earned by you and for convenience it was registered in your parents’ name, it will help get a ruling in your favour. Yes, you can sell land one at a time.

    My mother has shares in an unlisted private limited company. My younger brother’s name has been included as a joint holder in these shares. My mother has willed half of these shares to me and half to my younger brother. Who will get these shares after her death?
    As per the Companies Act 2013, on the death of a member of company who was a joint holder, only the survivor(s) shall be recognised by the company as having a title to his interest in the shares. Section 72 of the Companies Act has the power to override any other law in force, including the succession law. However, the Supreme Court has held that the succession law can prevail over the company law and depository law. So, if the beneficiaries are defined in the will for shares, they would get the right over these.
    (Disclaimer: The opinions expressed in this column are that of the writer. The facts and opinions expressed here do not reflect the views of www.economictimes.com.)

    (Your legal guide on estate planning, inheritance, will and more.)

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    (Your legal guide on estate planning, inheritance, will and more.)

    Download The Economic Times News App to get Daily Market Updates & Live Business News.

    ...more
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