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Sunil (Manager)     16 December 2010

What is considered a HUF property in North India?

I have filed a case against my brother, for my rightful share to the ancestral property left behind by my father.If my father did not self acquire a piece of property but inherited it from my paternal grandfather, is the property considered to be ancestral? If my paternal grandfather started a family business and my fathers and uncles joined the business after finishing their studies and the ancestral business still exists today - managed by my surviving uncles and their sons as well as my brother - along the line some spin off companies have been created - is the family/setup treated to be a HUF setup.  For the longest time, my father and uncles were a joint family.  Are the properties acquired as a part of this joint family - even if in individual names, but earnings from the joint family ancestral business considered to be ancestral? Are they considered to be HUF?  What line can I take if my brother says they are not HUF properties or they are not ancestral.  My father's will has not been registered and could be forged.  But, I understand that ancestral properties cannot be willed, in any case.



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