Hindu law
vinay khanna
(Querist) 21 August 2012
This query is : Resolved
Widow inherited property after husband died in 1968 according to section 6,of hindu seccession act in HUF property(one house) and huf continued.she continued to be a member of the HUF and the property including that of her was held by the family. She made a registered will in aug 1983 bequeathed her share in this house property to younger son.In 1989 feb the house property was partitioned by delhi high court and widow got 1/3rd share in lease hold rights and super structure.Now my question is could widow make a registered will when she was member of huf.In income tax huf returns filed but in land and development office individual names of three owners are mentioned,widow and two sons.It means in land and development office huf is not mentioned. The property is in new Delhi.Kindly mention decided cases
DDA and MCD substitute names according to will,then why land and development office does not.It means Delhi has two laws and it is discrimination.Kindly mention decided cases if any.
Adv.R.P.Chugh
(Expert) 21 August 2012
1. At the time of her husband's death, his share is quantified by notional partition, whatever his share/Undivided coparcenory interest comes out to be devolves upon his class I legal heir i.e his widow.
2. The Widow is free to make a will of her fixed interest in the HUF property.
3. Beyond this Your query is beyond my comprehension