Status of ancestral property after division
Priya Mengaji
(Querist) 17 September 2011
This query is : Resolved
Hi,
I need to know more about an Ancestral Property share given/received by the Second Son inherited by his forefather in a family settlement by way of Consent Decree agreed between his siblings in 1950.Does the Ancestral Property Share cease to be termed or recognised as Ancestral in Legal Terms once the division is done ?? What about the legal inheritance right of his children??. Can this Son who has received the Ancestral share bequeath his property by making a Will or a make an exclusive HUF in 1984 to defraud/disclaim his married daugthers by misusing the Provision of HUF prevailing at that time and give the entire share to equally to his youngest son & unmarried daughter??
Regards,
jitender pawaria
(Expert) 17 September 2011
As i understand your query is that can a daughter in HUF in 1984 claim her share in ancestral property.
First of all it depend in which state you lived. Is your caste govern by customary law of by Hindu secession Act.
If governed by Hindu law in 1984 a daughter is not a co-parcener and she is not claim her share in ancestral property.
Priya Mengaji
(Querist) 17 September 2011
I want to know whether the Ancestral share (not being a part of any HUF prevailing before at time earlier to the suit decided in 1950) be disposed by the receiving second son in 1984 just to defraud his heirs due to coercion by his youngest child (son).
How do the married daughters claim for their ancestral share in such an ancestral property ?? HUF was made by their father and youngest brother in 1984 to defraud them
Property situated in Maharashtra ,Mumbai owned by Hindus .
R.Ramachandran
(Expert) 17 September 2011
Dear Ms. Priya,
Whenever you want some legal answer, it would be advisable to first present the fact without any lacing and frills.
You don't even know whether what the second son did was legal or not. Before that you term the action as being fraud etc.
Please tell the facts - which is yet to be told by you - clearly. Then pose your queries, so that one can understand the fact and then try to give an appropriate answer.
prabhakar singh
(Expert) 17 September 2011
yeah! how you expect us to answer us about without facts?????????
Priya Mengaji
(Querist) 17 September 2011
We are contemplating legal proceedings on behalf of the married daughters (one of them being my mother )who have been cheated of their rightful share.
It is the case of ancestral property owned by generation from the year 1900.The Property was disputed in the Year 1950 between my grandfather(second son) and his siblings.By consent decree my grandfather had accquired his part share in form of an old building.In the year 1984,he executed an HUF with his sone & one unmarried daughter and divided this share keeping all the married daughters in exclusion.In 2004 ,the son has got the building transferred in his own name.We have now come to know about this entire fraud ,how can we get relief in this matter.Property card now in the son's name but the land 7/12 extract shows our grandfather's name.
Priya Mengaji
(Querist) 17 September 2011
Our uncle is claiming to be the true owner is seeking relief under the HUF 2005 amendment .The property is situated in Mumbai and we are Hindu by religion.
Now the old building is about to be redeveloped by our uncle .
kuldeep kumar
(Expert) 23 September 2011
ur property is ancestoral.u can claim only right to live in that building and that too for only unmarried daughters for their maintenace.son is master of building no fraud in him.
girish shringi
(Expert) 23 September 2011
As I mentioned better contact any local Lawyer or send single detailed query at my mail,so can be guiding you perfectly.
