Partition of HUF

Querist : Anonymous (Querist) 08 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 . If any cited case is there pl give the details

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Devajyoti Barman (Expert) 08 December 2009
Any joint property can either be divided by duly executed deed of partition or through suit for partition.Since the deed of partition is nothing but a mutual arrangement amongst the co-sharers, it is not sine qua non to include every property in the hotch-pot. However that does not debar you to file a suit for declaration that the earlier deed is null and void.The lack of details makes it difficult to advise plausible grounds for that.

Raj Kumar Makkad (Expert) 08 December 2009
HUF properties if were in the names of the individual names even at the time of the existence of HUF then no change can be effected by way of Partition agreement of 1957 and the legal heirs of the brothers or if they are alive then are surely owners of those properties and the rest of the properties which do not show the ownership in the names of those three brothers can be presumed as divided as per arrangement of 195.

joyce (Expert) 08 December 2009
Both experts opinion i adopt.

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