ravisharma 01 February 2017

Huf

My grandfather purchased a property in 1960. In the year 2003 he made a will which eventually came in force in 2007 after his death in which he divide his property between his daughters and a son but excluded his another son and his family from any benefits. The excluded son (my uncle) died in 2005. Aggrieved my aunt and her daughter filed a case against my grandfather and father in 2006 claiming the property to be HUF. Now i want to ask:-
1. Weather a widow and married daughter can ask partition or share in HUF?
2. Weather partition of HUF can be claimed if Karta (my grandfather) is alive?

3. Can a partition under HUF be claimed once will has been executed?

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7 Replies

G.L.N. Prasad (Retired employee.) 01 February 2017

When the matter is in Court, let your Counsel take a stand on facts, as many facts are to be looked into as to the manner of your grand father acquiring the property.

saravanan s (legal advisor) 01 February 2017

if your grandfather had purchased the property through his own source of income then that becomes his self aquired property and he is free to give it to anyone he wishes to give.in that case since he had excluded his son from recieving any property as per the will the legal heirs of the deceased cant lay any claim over the property

ravisharma 01 February 2017

Thank you Mr. Saravanan... I know its a self acqured property but as the case claims falsely to be huf I wish to know what are the rights of widow or married daughter under such circumstances.