‘F’ (Father) is the KARTHA of a Hindu Undivided Family (H.U.F). The other members of the HUF are the ‘S’ (Son) and the ‘D’(Daughter). The H.U.F.has both movable and immovable properties. The Daughter ‘D’ executed a Release Deed relinquishing her rights in the immovable property in favour of her Father ’F’, before her marriage. Now she has got two minor children. At a later date, the Son ‘S’ also executed a Release Deed relinquishing his rights in the immovable property in favour of his Father ’F’. At that time the Son ‘S’ was married and had two minor children.
In the Release Deeds ( Registered) both of them have stated that hence forth the Releasor will not have any claims in the schedule immovable property. But the phrase “…Releasor or her / his legal heirs “ is not indicated in either of the documents. Both Daughter ‘D’ and Son ‘S’ have relinquished their rights only in the Immovable Property and continue to have their rights in the HUF movable properties.
The question is - whether the Father ‘F’ has become the sole and absolute owner of the schedule immovable property? and whether Father ‘F’ can bequeath the schedule immovable property to any member(s) of the HUF or even to an out sider? Since both the Daughter ‘D’ and the Son ‘S’ have executed Release Deeds, can the Father ‘F’ still bequeath (through a WILL or a CODICIL) part of the schedule immovable property to the Daughter ‘D and the Son ‘S’?
I shall be grateful for your valuable answers.
