Dear Sir,
It is extremely well researched & explained write up in Q & A form. Well done, sir. I have few questions---
Father B inherited his share of ancestral agriculture land from his father A after demise of A. B has 3 sons C, D & E. After some years B expired. My Questions are--
Q1. Will this ancestral inherited agriculture land be considered as HUF property ?
Q2. Can B by a WILL bequeath a bigger share to one son and lesser shares to other sons ?
Q3. As per my knowledge, a WILL has no locus standii in case of inherited ancestral property i.e. this property cannot be willed under law and has to be distributed as per Hindu Succession Act 1956 as per Mitakshra Scool of Law. Am I right ?
Q4. As per my knowledge, all sons ( and now even unmarried daughters and daughters who got married after 1956 ) have equal shares in this property. Is this correct ? Can those daughters who got married before 1956, demand a share in this property ?
Q5. B had no other income except agriculture income from this property. Out of this Agr Income, he purchased a plot of residential land. I read a Supreme Court judgement in HT some years ago that any property bought purely with income from inherited property is also de facto inherited property and is to be divided as per HSA 1956. Am I right ? Can this plot be bequeathed by B to a particular son ?
I had posed these questions to a legal luminary but could not get satisfactory replies. I shal be grateful, if you can clarify these with citations as applicabel & Sections of HSA where aplicabe.
With best regards,
B.S.Arora
CAclubindia
