HUF
Querist :
Anonymous
(Querist) 13 January 2011
This query is : Resolved
Sir,
My family is HUF.My grandfather purchased a building in my aunt's name,because my uncle (Father's elder brother)was karta at that time.My grandfather died long back.My aunt and her son are living in that building and collecting rent from the tenets.Now i have come to know that they are selling this building to a builder for redevelopment.
My father has filed a suit in U.P. for the division.I want to know whether I can file a suit in Mumbai as I am living in Mumbai and the said property is also in Mumbai.
Thanks/Regards
A V Vishal
(Expert) 13 January 2011
You cannot claim the building held in your aunt's name.
Srinath Kondapally
(Expert) 13 January 2011
Mr.....
Your father already filed a suit for division in U.P.,then there is no need to file another suit ,and if you want your share then you have to file an implead petition on your behalf in that pending case proceedings,if your father not willing to give your respective share from your grandfather's property, where the property situated there only suit can be filed, if Mumbai property also added in such property no need to file seperate suit, if not covered, then you may file another suit or you can file a petition as stated by adding Mumbai property also.
Kirti Kar Tripathi
(Expert) 13 January 2011
I agree with Mr.Vishal, since the property in your aunt's name, she is absolute owner of the property. no one has any right to claim the same till she is alive. after her death it will devolve according to law of succession amongst her legal heirs only
Debasish Hota
(Expert) 14 January 2011
You can not succeed in the courts of law.
