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Anurag Sharma (Service)     24 April 2009

HUF property

 

Hi all,
My father-in-law had a property at Kanpur which he sold and invested the proceeds in a flat at Delhi in the name of his wife. After the death of his wife, to transfer the property in his (father-inlaw's) name his 2 daughters and 1 son signed to get the property transferred in the name of their father, so that the property could be sold. The property was transferred in his name. Now the son does not want his father to sell the property instead will it / gift it to his grandson. My mother-in-law wanted to give something to her daughters.
Is the property HUF property? Are daughters entitled to any share in the property? What will be their share? Can their father gift it / will it to son’s son? The son does not want to give any share to his sisters? What is the course open to daughters? Can they demand partition or their share? What happens if the father dies without any will / partition /settlement? One of the sisters had given Special Power of Attorney to her sister to sign on her behalf so that the property could be transferred in her father’s name. Does this mean she has no right now in the property?


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