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I am a Hindu and have acquired certain immovable properties out of my own income. I do not have any issues. My husband died recently and my parents also expired long back. Please inform who will succeed my acquired property if I do not make a will.

- by Kaushalya, Mysore

The succession of the self acquired property owned by female in the absence of a will is governed by Hindu Succession Act 1956. It devolves as follows:-

      1. Firstly, sons, daughters including children of any predeceased son or daughter and husband.

      2. Secondly upon husband

      3. Thirdly upon mother and father.

      4. Fourthly upon heirs of father/care of.

      5. Lastly upon heirs of mother.

As you informed that you do not have any children, your parents and husband are deceased, then the self acquired property will devolve upon the heirs of your father and in their absence, heirs of your mother. You may also make a will so that property will devolve to persons as per your will.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- My father had inherited some ancestral properties from his father.  He has sold one such immovable property when I was minor and utilized the sale proceeds for his visit to USA.  The said sale was done when I was five years old.  Now I have competed 18 years on 15.6.2008. I am the only son to my father.  I want to assert my claim over this ancestral property.  Please advise me suitably.

Q:- I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through another Will, which is not registered. Is this valid?

Q:- My husband died leaving behind him, my child and me. I depend on the income from my husband’s property. Now, my mother-in-law is asking for a share in the property. She has other income. Is she entitled to a share in my husband's property?

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three broth¬ers, orally partitioned the parti¬tion. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three broth¬ers are in good terms with each other.

Q:- I have converted from Hinduism to Christianity. Will change of religion affect my succession to the property of my Hindu parents?