HUF PARTITION
sudhir jain
(Querist) 02 October 2009
This query is : Resolved
Sir
We are 3 brothers and 1sister.my father expired on 5.11.2008. He left a Will which was written when he had 2nd stage of Cancer. It is not registered . My brothers even on my repeated saying are not giving me a copy of the will. I am his eldest son. he has left nothing for me, saying in the will that he has done enough for me thru out his life .From the very beginning of life my life i have not stayed with him. I am still living away for him and my younger 2 brothers were living seperately in the same city. (but not with him).The entire property he has left behind had been inherited from my grand father .When my father's partition was done with his brothers and father. I was already 23years of age .My father enhanced his business .in the same name (firms) that of my grandfather and on that property .During my business crisis in the year 2004. I, my wife and my 18year old daughter signed oral mutal agreement signing on paper, which said that on behalf of my 13lacs, I forego my share in my HUF property. No physical partition is there. Though my father had promised throughout his life, as I have 2doughters that he would take care of all expenses of my daughters wedding. on good faith and trust I signed the papers which at that time were my priority as I needed the money .That amount he gave me in 18 months . Even the my daughters FDR were included in it . But when the Will was read I was shocked that he had not left any share or amount or my mother’s jewellery or any binding on my brothers to take care of my daughters wedding. This hurt me too much . Now I wish to take some legal action for my HUF share .I wish to file a suit .
Kindly answer my query.
Sachin Bhatia
(Expert) 02 October 2009
As you said the entire property your father has left behind had been inherited from your grand father it means the property is not self acquired. The will left by your father has no validity.
You have every right in your ancestral property.
File a suit in the Civil Court for partition and seprate possession of undivided properies against all members your family....
n.k.sarin
(Expert) 02 October 2009
Mr.jain, no doubt the said property is ancestral one and your father has a right to make will only his own share in the said property.now ,how you and your family member can claim in the said property while all of you leave their rights for a valid consideration signing papers.There is one thing in your favour that your second daughter i think she did not sign the paper, can claim her share.
Adinath@Avinash Patil
(Expert) 02 October 2009
Mr.Sudhir Jain'
Property is ancesstral & your father has right make only his share,
You can file civil suit for partion and seperate possession joint property.you can challenge will in saide matter.
sudhir jain
(Querist) 02 October 2009
Thank you sir 1.What is the validity in HUF partition. a) Nothing has been mentioned why Rs 13 lacsare beeing given to me.b)No physical partitionhas been staed.2.)Can we file a suit from the city we are living in or where the ancestral property is?
Raj Kumar Makkad
(Expert) 03 October 2009
Opinion of Sarin is very gud and I agree with the same.
jayaveladvocate
(Expert) 03 October 2009
Sir your father has right to execute a will for the 1/4th share to be alloted to his head. The testamentary operation of rest of portion of the will is nil
jayaveladvocate
(Expert) 03 October 2009
Sorry it is 1/5 th of ancestral legacy
Adinath@Avinash Patil
(Expert) 03 October 2009
YOU FILE CIVIL SUIT FOR PARTION & CHALLENGING WILL WHERE PROPERTY IS.
adv. rajeev ( rajoo )
(Expert) 10 October 2009
Regarding 13 lacks, it requires contentions of the letter, regading this ur question is not sufficient. whether all the properties are divided, certainly no. U have a right in all the properties they go for civil suit as advised by the learned members.
