Hindu Undivided Family
Querist :
Anonymous
(Querist) 31 January 2011
This query is : Open
We have two separate issues.One relates to our father’s personal HUF and the other relates to our ancestral joint family.
The background concerns an ancestral family home in Gujarat. The greater HUF was formed in Gujarat. There were three partial partitions made in the 70’s. Our grandfather passed away in August 2010. All the ancestral property was divided 3 ways between our father (the eldest son) and his 2 younger brothers. Some possessions were divided directly and some in the form of trusts, of which the 3 brothers are both trustees and beneficiaries.
Just prior to his passing, our grandfather did a final partition of his HUF. In this, my father waived his rights to his share.
With regards to the first partial partition in 1974 of our grandfather’s HUF, both our uncles seem to feel that they have been wronged in terms of having received unequal shares at the time father. At the time of division both our father’s brothers got shares worth an amount equal to the book value of a flat that our father had received. However, at that time the property which had been bought some years previously by my grandfather, had gone up in value. And here lies the discrepancy.
With the above scenario in mind, we would appreciate clarifications regarding the greater ancestral inheritance and to our grandfather’s HUF.
Queries and clarifications:-
(1) Is it legal to raise this issue of divisions from the past, after 30 odd years? Since they had agreed to the divisions at the time and signed the papers, can they now retrospectively challenge the divisions?
(2) If his brothers can demand in 2011 there should have been an equal division and are legally entitled to do so, will there be retrospective evaluations or current values taken into consideration of what was partially partitioned in 1974?
(3) In the event his brothers are legally entitled, what then needs to be done to amend things?
On the other hand, as explained above, in the final partition that took place just prior to our grandfather’s passing, my father waived his rights to his share (as explained above)
(4) We would like to know if our step mother or any of my father’s daughters have a right to challenge this decision to waive his rights.
(5) Does our step mother have any right to the properties as part of partitions before he married her as at that time my father’s personal HUF consisted of our late mother and us three sisters?
(6) Also if you could please clarify if the granddaughters are now, or were (prior to their grandfathers death) coparceners/members of all ancestral property held in trusts or otherwise?
(7) Could you clarify the issue of class I and class II heirs? When do class II heirs become class I heirs? And what is their legal status?
(8) Does our step mother have a right to demand to see my grandfather’s will (in which neither she nor either of my uncles’ wives have been mentioned)?
