Advise what I can do about HUF property issue
Querist :
Anonymous
(Querist) 02 March 2011
This query is : Resolved
I was seperated from my HUF with my brother keeping some property and my father and mother have most.
At that time properties were seperated on simple stamp paper with signs of all of major family members. ( I just have copy of the same.
Almost 15 yrs have been passed since then. In the mean time I have tried to get my share of the Undivided family property through family friends from my Brother and father without any success. They are not willing to give me my share.
some of the agricultural lands is inherited bymy father. Other realestate are partly created by selling inherited property by my father and partly by my fathers earning. My brother never worked fruitfully to earn any considerable amount.
Can I have chance to get my share through legal means. At what court level I should start?
After my seperation from family I have earned wealth and built realestate. Can my brother claim share on my earned property (after partial seperation) if I go after him and my father/mother for my share of their inherited propeprty?
In gujarat which family laws apply to HUF for proprty issue?
R.Ramachandran
(Expert) 02 March 2011
Dear Anonymous,
You seem to be quite confused.
First and foremost you must prove that there existed an HUF of which you were a member. Further what are the properties of the HUF would be known only from the HUF Account. You cannot get any share from such of those properties which did not formed part of the HUF property at all. If you had separated from the said HUF, then your share would have been handed over to you then and there. Therefore, you have to consult a local lawyer, make available complete details to him and seek proper advice.
Querist :
Anonymous
(Querist) 02 March 2011
thanks for quick response
At intial partition one property was given to me as my share and other one to my brother as his share. Rest of the property were either on my fathers name or brother name and were listed as still remaining combined HUF property under family, with my father as manager.
He and my brother are not giving share to me in remaining combine prpoerties
R.Ramachandran
(Expert) 02 March 2011
There is no question of initial partition or final partition. Partition is a partition. If in the partition, you have been given your share, and subsequently, the HUF is continued with the remaining members, you cannot ask for any further share from the said HUF, since once separated you do not have any membership in the said HUF.
Querist :
Anonymous
(Querist) 03 March 2011
Thnaks But in the letter/stamp itslef it is noted that some of the property still remain combine.And Also my brother was also given his share at time of initial partition. Does still i can not claim my share on remaining combined property which was mentioned to be combined
R.Ramachandran
(Expert) 03 March 2011
Dear Anonymous,
By this time you should have realised that one will not be able to give a proper answer to your query unless one is fully conversant with the exact facts and situations. So, better consult a local lawyer with all your complete details.
