huf
suresh
(Querist) 10 November 2009
This query is : Resolved
my father purchased a land on his own and got it registered in 1956. he passed away in 2008 dec. and named his property to me and my sons and my three sisters in a registered will in 2004. i also had a elder brother who died in 2004. his wife and two daughters filed a case in 2008 against us (on me and my father) in court claiming this property as huf(which is not true) and hence her right before death of my father.after death of my father i filed an application requesting to make my sisters and son as parties according to will executed which they denied.i filed an application of rejection of case on basis of absence of necessary parties which was rejected by hon court. can anyone tell me that can wife and daughter can file partiton suite of huf after death of husband and before death of my father and can be this case rejacted on basis of absence of necessary parties.kindly give any rulings also
A V Vishal
(Expert) 10 November 2009
Suresh
Since the property is clearly self acquired for which you must be having the original sale deed executed in your father's name as evidence. Further your father died in 2008 and the will was executed in 2004. The will is perfectly valid assuming the property is self acquired.
Adv Archana Deshmukh
(Expert) 10 November 2009
If it is the self acquired property of your father, then the wife and daughter of your brother cannot file a partition suit while your father is living. They can file so after his death. But your father has every right to make a WILL and exclude them from succession as per his wish. If he had made such a WILL, You need to prove the WILL.
Vineet
(Expert) 10 November 2009
Agree with experts above.
The property was self acquired by your father which can be substantiated by original purchase deed. Hence, during lifetime of your father nobody else could have any claim in the said property.
Your father has left a will, which I presume has not been challenged. Since it is a case of testamentary succession to the exlusion of your brother's family members, they cannot claim any share in the property.
niranjan
(Expert) 10 November 2009
Suit could be filed alleging that the property is huf, but he cannot win when the proof of self acquired property is placed He would lose the case.if the property is self acuired, the will has force and not to worry.I agree with my above learned friends.
Raj Kumar Makkad
(Expert) 10 November 2009
I agree with the well defined replies of various experts. No chance at all for the wife and children of your elder brother at all. I suggest to keep family relations and maintenance for the widow and children of your elder brother, make a compromise with her by offering her some property.
suresh
(Querist) 10 November 2009
but still is there no way or rule to disqualify the case as she had not made my sisters and sons party which was according to will meant to be as she also accepts 50% of my share in property and according to will i got less than it so how can she demands share only from me. further can a female member or wife of deceased son can file partition suite? is it legely correct to file partition suite when my father(considered as karta by her) was alive.
Vineet
(Expert) 11 November 2009
Yes, prior to amendment in section 6 of Hindu Succession Act in 2005, the undivided share of a hindu male in any HUF property was devolved to his successors in the same manner as if it was a case of intestate succession provided one of the successors is class I female successor.
Hence, in the case of Your sister-in-law, she became entitled in your brother's share in HUF property along with her two daughters. Hence, she had right to claim partition of HUF property even if the Karta was alive.
