PROPERTY PARTITION

Guest (Querist) 13 May 2010 This query is : Resolved
In a family there are 3 person A,B & C A is the father B the mother &C is the son , if A has the property which he gets from transfering ownership from his relative to himself later on he formed an HUF with the family of these 3 and attach all the properties in the said HUF but during the process of partition he said in the court that this is not his property,but all the records shows him the owner of the property

now the questions are :-
1. will B and C has the legal right
2. will B and C has the right in the attached property also as A is the karta of the HUF in which property was attached
3. any other suggestion are welcome
thank you,
Mehar

Follow Query

Report Abuse

G. ARAVINTHAN (Expert) 13 May 2010
Though he deny his title, he is the owner and he is responsible for the attachment. The share of other members of HUF can be with them and not you

adv. rajeev ( rajoo ) (Expert) 13 May 2010
when the property is merged in to HUF then B & c has got legal right.

Raj Kumar Makkad (Expert) 13 May 2010
After transferring the entire properties by A in HUF, all other members of such HUF are also its shareholders/co-sharers.

B K Raghavendra Rao (Expert) 13 May 2010
When A says in court that it is not his property, there must be some reason for that. Basically one needs to looking into the aspect of transfer of property from a relative to A. If this is legally valid, then the answers provided above hold water otherwise not. Mere recording of ownership is only one aspect but how it flowed is another important aspect. Therefore, basically look into how a relative transferred his/her property to A by means what document and whether that document was registered.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Ask Query
Unanswered Queries