Huf property

Querist : Anonymous (Querist) 28 August 2011 This query is : Resolved
My fathers were three brothers.

They inherited a property from their father i.e. my grandfather

My father had a share in aforesaid property

My father died in 1987.

After his death my uncles son and daughter has entered into a family settlement. They filed a case in 1987. My father made a will in 1983 stating that he wanted to give his share to my uncles son.

We are 5 sisters and we have no idea about the will. Do we have a share in aforesaid property? Can we challenge my father will? If yes then please suggest the procedure of filling the case/application and the format of the application. A simple application will help. Please suggest.

Follow Query

Report Abuse

Guest (Expert) 28 August 2011
YOUR FATHER HAS NO RIGHT TO WILL AWAY THE ENTIRE PROPERTY. HE CAN GIVE HIS SHARE ONLY. FILE A SUIT FOR PARTITION AND DECLARING THE WILL AND SETTLEMENT DEEDS AS NULL AND VOID. YOU WILL GET RELIEF.

prabhakar singh (Expert) 28 August 2011
i share the opinion expressed by Expert : S.GANESAN.LAWYER

R.Ramachandran (Expert) 28 August 2011
I differ with the views of the above experts.
An inherited property is a personal property of your father. Being a personal property, he has every right to deal with it in whichever way that he wants. Therefore, in his wisdom, if he had given away his property through a WILL to some one, then he is well within his rights.

Anybody can file a suit claiming a share. But what I am concerned with is the possible outcome of such a claim. So long as the genuineness of the WILL is not doubted, then the chances of winning is very bleak.

prabhakar singh (Expert) 28 August 2011
How your grand father got it ,Not from his Father( i mean your great grand father)??

In case it was bought by your grand father and inherited by your father and his two brothers then only Expert : R.Ramachandran is correct,
but in case it was ancestral coparcenary then only Expert : S.GANESAN.LAWYER is correct.