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Suresh (ABC)     07 June 2012

Need advice - will & property registration alert

Hi,

Background:

I am the first son and have three siblings (one brother and two sisters). We have HUF properties and all the properties has been holded & managed by my father (very straight-forward & down to earth person).

Need your assistance and advice on the following aspects:

1. Can my father write a WILL as per his own norms - Question is - As all the properties is HUF and none been purchased by father as it is come from my grand-father. Can someone write a WILL on the HUF and it is valid as per the law or it can be challenged as needed in future?

2. Since, all properties are not portioned. Can I request the sub-regulator office to alert or intimate me if any transfer or sale of properties executed without my notice .. more importantly transfer to my brother or sisters. Please advice how to proceed to inform the sub-regirstor not executes such transaction without my consensus.

 

Thank in advance for your inputs and suggestions.



Learning

 2 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     07 June 2012

Ancestral HUF property cannot be willed. The members of the HUF can demand partition of the HUF property. If any person tries to register the transfer of such a property, it cannot be registered unless all the members of the HUF have given consent personally or through their Power of Attorney.

S Jadhav

Suresh (ABC)     07 June 2012

Thanks Jadhav for your advice. Appreciate it. THANKS

Regards,

Suresh


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