Reema 17 June 2018

Huf property related question

Hello A person (deceased now) had created an HUF and he had 7 children - 4 sons and 3 daughters - each of whom also have their children.

Of the 4 sons, 1 is deceased.

There's a property in the name of this HUF whicis to be sold. The surviving 3 brothers have secured affidavits from 2 sisters (of total 3) and 2 daughters of the deceased brother delaring : "We renounce our share and rights in this property". But one remaining 3 sister wants the share in property. The question is: Whether this sister is entitled for 1/7th OR 1/4 th share of the property sale proceeds ?

Please advise

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6 Replies

R.Ramachandran (Advocate) 17 June 2018

1. Pl. clarify whether the deceased brother is married and has a family.

2. Whether the sisters have relinquished their share through Registered Deed (registered in the Sub-Registrar's office) or not.

3. Whether the relinquishment is in favour of any particular person or general relinquishment (i.e. without mentioning any person's name)

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Reema 17 June 2018

Thank you. please see responses below

1. Pl. clarify whether the deceased brother is married and has a family.

Yes the deceased brother is married and has 2 daughters and the affidavit of relinquishment has been signed by both these daughters (they both have children as well)

2. Whether the sisters have relinquished their share through Registered Deed (registered in the Sub-Registrar's office) or not.

NO the reqlinquishment documents are not registered by signed affidavits

3. Whether the relinquishment is in favour of any particular person or general relinquishment (i.e. without mentioning any person's name)

General relinquishment only

Read more at: https://www.lawyersclubindia.com/forum/Huf-property-related-question-183910.asp#reply

R.Ramachandran (Advocate) 18 June 2018

1. Relinquishment of any immovable property cannot be done by mere Affidavit. The Relinquishment Deed has to be Registered with Sub-Registrar's office. Otherwise it is not at all valid.

Having said this, if the relinquishment is not in favour of any particular person, but generally, then the property has to be shared amongst the surviving (leaving out the ones who have relinquished their interests).

In any case, you may have to meet with a lawyer in your area who is well versed in Hindu Law and discuss the matter in detail. (Still details like the date of death of the son, whether the mother of the 7 children are alive or not etc. is wanting. All these have a bearing on the HUF property distribution.)

Reema 18 June 2018

Thank you very much sir for the guidance. To clarify 1) the mother of all 7 children is no more (died in 2001) and the son died in 2015.

R.Ramachandran (Advocate) 18 June 2018

As I told you, many things / details need to be discussed, which cannot be done in a public forum like this. Therefore, pl. get in touch with a lawyer well versed in hindu law and take things forward.