Huf property issue
Srikanth Singh
(Querist) 21 February 2012
This query is : Resolved
Hi, We had a group family with Grand Father, Grand Mother with 5 sons and 4 daughter. My father was the eldest son among them. My father separated from the group in the year 1995, it was not a separation however was an exchange deed with my grand father. In which my father left one big shop on behalf of getting one small shop and a house to stay. During the exchange deed my grand father told to my father that, we have settled the property, the only thing left is land which will be divided at the end depend on my wish. So my father took the small shop and a house and left my grand father house.
Now my grand father expired and recently my father also expired due to unfortunate incident. As a grand sons can we claim the share of the land. I came to know from one of the bank where my grand father and uncles has dealing that my grand father had already prepared a will before he died. I dont know whats there in the will, however if in the will if nothing is mentioned for my father or for us, as a eldest grand son can we claim anything. My grandmother alive, can she give us anything to us. Or if my grand father prepared a power of attorney for my grand mother, can we still have some rights on our grand father property. At this moment maximum property is in the name of my grand mother, so can we claim on her property? Thanks in Advance!
Khaleel Ahmed Mohammed
(Expert) 21 February 2012
It depends upon the contents of the will.GPA given to your grand mother cancelled as soon as your grand father demised.Further you are advised to file a partition suit at your earliest with the services of your local lawyer, as a matter of fact you your self has got right to success your grand father being a member of HUF.
Raj Kumar Makkad
(Expert) 21 February 2012
If the property in the hand of your grand father was his self acquired then he was well within his rights to make a will in favour of your grand mother or in favour of any other person and in that event, you have no legal right to challenge but if the same was ancestral then definitely will can also be got challenged and you shall be entitled to inherit 1/10 share in the property.
If your grandma dies intestate, only then you can get share therein.
Rajeev Kumar
(Expert) 21 February 2012
Mr. Makkad has rightly advised and i agree with him
