HUF Property

Querist : Anonymous (Querist) 10 December 2009 This query is : Resolved
The HUF partition has taken place in 1957, for some of the HUF propeties. However some properties were in the name of all the three brothers ( who have a partition deed in 1957) upto 1993.The property card shows the name of three brothers. In such a case can we say that the partition deed executed in 1957 is not acceptable and all the propert including the divided earlier is the property of HUF. Pl explain

I am thankful for the valuable advice given by the experts on the subject
I want to elaborate the subject by giving the additional information which will enable you to give the advice in more detail.

The grandfather purchased 10properties in the year 1941. He expired in 1951 afeter his death all the properties devolved in the names of his three sons as legal heirs.and the elder brother is nammed as Karta/ Ekatra Kutumb Manager . In 1957 a partition took place only for 5 properties and remaining properties showed the names of all three brothers as joint owners upto the year 1992. In this case can we claim that the partition which took place in the year 1957, is only for part of the property all the properties are not included in the partition and hence it is not acceptable. All the three brothers/their legal heirs have equal rights in the property. As the elder brother was Karta of HUF. Can we challenge the partition deed in courts of law for inclusion of names of other two brothers/their legal heirs in all the properties saying that the partition deed which took place in 1957, was merely some mutual agreement/family arrangement for agril lands and hence not binding on other two brothers.

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niranjan (Expert) 10 December 2009
Partition deed requires registration.The partition deed which is given effect and respective brothers are in possession,it may be difficult to challange. You can seek partition of the undivided property.

Raj Kumar Makkad (Expert) 10 December 2009
This quarry has been replied various times and no new facts have been brought on even today.

Again I come on the same lines. The properties shown partitioned in the separate names of the brothers shall be treated as partitioned and rest joint can be demanded/sought partition. You cannot say that because some properties left undivided so there was no partition of HUF in 1957. Part of partition is restricted only to the partitioned properties and rest can be got partitioned now.

joyce (Expert) 11 December 2009
yea, both the experts opinion is accurate and i do adopt the same. partition some times will be registered n sometimes not; to avoid such complications registered partition holds good.

Vineet (Expert) 11 December 2009
Partial partition of HUF is recognized in law and therefore you cannot claim that as certain properties remained to be partitioned till 1993, the partition effected in 1957 was void.

The partition effected in 1957 should be respected and the balance properties can be partitioned now.

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