This is a case of HUF Partition. Two brothers A and B whose legal hiers had partitioned through agreement. Now B had 3 sons.C, D and E. A,B,C,e are dead now. D had worked outside the state and was not living in the HUF property nor he was taking any money from them. Instead he was sending money through his personal earning. Legal hiers of C is remaining 2 daughters and E has a son F and 5 daughters.
Also C before his death had willed and trasferred his share of HUF to F thereby alienating his daughters. (C was the Karta till his death)
Earlier E was remaining and looking after the HUF property. He bought land from the money sent by D in his name and his son's F name from the money sent by D.
Now D wants to partition the property and F is refusing to part with those property in name of E and F.
Moreover the HUF house was broken down and F constructed a new house in its place and also refuses to part with it.
Since D is old and could not wait for usual process of law so is it possible that
1) Being Karta he can partition the property sou motto?
2) The property purchased through his earning by his brother E in his and his son F's name be considered as a part of nucleas of joint family and be partitioned by him.
3) This partition deed be send through post to the coparcenors of the HUF.
4) Also send a copy of the deed to the Registrar of Land records.
