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Pooja sethi   04 July 2016

Huf property

Dear Sir/Madam,

We have very big HUF property in Uttar Pradesh. My question is that - 

a) Can my grand mother in law be a main coparcener of this HUF property ? ( My grand father in law buy this big agriculture land on her name, during ceiling act this property titled as HUF but still remain under her name).

b) Can my grand mother in law will this property ?

c) Can my grand mother in law will this property to only 1 coparcener ? (There are so many coparcener in the family).

Looking for reply asap.

Thanks & Regards



Learning

 8 Replies

adv.bharat @ PUNE (Lawyer)     04 July 2016

Ancestral property under Hindu Law is called Coparcenary property, wherein after the 2005 amendment, even the daughters borne in any such Joint Hindu Family will also get their share like the sons. Before the amendment, only male members of the Joint Hindu family were called Coparceners.

If u state the full fact of case then we can guide you.

Kumar Doab (FIN)     04 July 2016

In UP agriculutral land is administered under UP land and Zamindari Abolition Act.

You may prefer to consult a very able counsel well versed with local laws as well. 

Pooja sethi   04 July 2016

Dear Sir,

In this case property was purchased under my grand mother in laws name but during cieling act to save the  property was converted to HUF ( still keeping it in her name ).

My grand mother in law expired in 2012 and she "WILLED" the whole property to one of her grand son coparcener.

While other coparceners including my father in law belives that the "Will" signed by her does not represent her real wishes, she was forced to sign during her last days.

As my father in law including other coparceners like to challenge the " WILL" in the court ?

I would like to know whether my grand mother in law is eligible to make a valid "WILL" for HUF property without the consent of other coparceners ?

Thanks & Regards

Kumar Doab (FIN)     04 July 2016

Is it just a   presumption that  property held by a member of a joint family is the property of the undivided Hindu Joint Family? 

Do you have material produced to prove that the property was purchased for the benefit of the co-parceners in the family? 

Is there a right or authority to execute a will as the property was HUF?

When the HUF was formed could female be a karta?

It is reiterated that You may prefer to consult a very able counsel well versed with local laws as well. 

 

Have you so far consulted a very able counsel?

If yes what is the opinion of your counsel?

 

Pooja sethi   06 July 2016

Dear Sir, 

I will let you know about this property soon.

As i am not very much aware about this.

Thanks & Regards

Kumar Doab (FIN)     06 July 2016

Have you so far consulted a very able counsel?

If yes what is the opinion of your counsel?

Pooja sethi   06 July 2016

 

No sir, I didn't.

could you recommend one.

Thanks& Regards

Kumar Doab (FIN)     06 July 2016

Only if it is possible.

If you wish, you may send weblink and title of this of this thread and your contact details by PM.


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