claim in my grand fathers in law's property
censored
(Querist) 20 December 2010
This query is : Resolved
Dear sir,
my case is as follows
my mother's father expired(1983) without giving any share to her daughters in the registered will
his daughters after his death(1984) in a separate legal document has renounced any claims in his property
now can they still ask for a claim in his HUF PROPERTY
(p.s : the property is currently the place where my grand fathers sons(dad along with uncles reside) .
thank you
Y V Vishweshwar Rao
(Expert) 20 December 2010
Property disposed by Will Deed before 1983 and Father died in 1984 - rights of Daughters renounced after 1984 - there is no possibility of any case to daughters claiming it as Ancestral or H U F or Self acquired property of Father.
censored
(Querist) 20 December 2010
thank you very much sir ,,, but i was advised that daughters are members of HUF irrespective of the them renouncing their rights ...
Y V Vishweshwar Rao
(Expert) 21 December 2010
If the Rights of Daughters have not renounced /or/ released their share in 1984 , the Daughters can claim the share - even in ancestral property /or/ father self acquired property /as there is no Will Deed .
The Will Deed of father , Death of Father and Renouncing the Daughters rights- all are much prior to the Hindu Succession Amendment Act 2005 , The Joint Family /HUF Properties which are available for partition and in joint possession as on 2005 - in those properties the daughters are entitled to a share !
