Huf property status after partition
shally nahar
(Querist) 26 July 2012
This query is : Resolved
urgent question on title (and tax) of HUF property after partition:
Partition decree in 1942 of great grandfather HUF (he died 1940), big male family, few HUF properties divided equally between my grandfather and father. In 1957, my grandfather gifted his half share in HUF properties to my father (he passed away 1964), thus my father became owner of all HUF property. my father passed away 1989 intestate (before 2005 amendment). i am only son with 3 sisters, do sisters have title in this property? i was born in 1971.
do i have full title to huf properties after partition or do all of us siblings have shares and can my sisters now apply in court for partition again? your answers will solve a lot of problems so please help
Anirudh
(Expert) 26 July 2012
Please indicate the following:
1. The HUfamily belongs to which State?
2. When your great grand father died in the year 1940, who all survived him - like his wife, son(s), daughter(s) etc.
3. Please indicate the family details of your grand father - whether his wife was alive when he died, how many son(s) and daughter(s)?
4. When your father passed away, who are all his survivors - his wife whether she was alive?
shally nahar
(Querist) 26 July 2012
1) mitakshara law
2) 7 sons and 6 daughters, wife died prior and properties were partitioned among the male members (sons and grandsons)
3)one son, 3 daughters, wife died prior
4) wife died prior, one son (me), 3 daughters, he dies in 1989 prior to 2005 amendment
Summary: property purchased by great grandfather: 1924 out of HUF funds
partitioned equally between coparcenars grandfather and father in 1942
grandfather gifted his share of coparcenary to father in 1957
father died 1989 leaving me as only son and 3 sisters all married in 1989 intestate
shally nahar
(Querist) 27 July 2012
kindly cite any law which forms the basis of arguments (HSA 1956? or some other)
from research conducted on this platform it seems that ancestral property (as i assume this case is) never looses its character and never becomes self acquired even if its gifted by one coparcenar of the same family to another coparcenar of the same family after partition. It still is coparcenary in character when it descends down to other co parcenars (in intestate death) as survivor of the HUF.also i gather once the ancestral property is partitioned once (1942), it cannot be partitioned again...
kindly enlighten
