HUF property
Shobhit
(Querist) 10 June 2011
This query is : Resolved
Dear Sir,
my Grand father(Mom's dad)had purchased a bunglow at Lonavla in HUF account.
HE died on June 1996 leaving a unregistered will,giving the property to my mom.My mom is a widow but tried her best to probate the will but could not succeed....my shrewd uncle(Mom's brother)took charge and possession of the property since then and my aunts and mom remained silent. But now since dec-2006 he has sold the property to 3rd person and he himself is a reputed lawyer at lonavla.what can I do now?can huf proprty be sold by him as a karta,without the consent of others?can the sale-deed be cancelled?
PALNITKAR V.V.
(Expert) 10 June 2011
If you can prove that the property was of HUF, then you will have to file a suit for declaration that the sale is not binding on share of others members of the HUF and ask partition
adv. rajeev ( rajoo )
(Expert) 10 June 2011
when your grand father died, because date of death is material. Let your mother file a suit for partition and seperate possession of her share. There is no will by your GF and being a co-parcener your mother has got equal share in the properties of your GF equally along with the male members.
prabhakar singh
(Expert) 10 June 2011
It appears your mom failed to prove will of her father to her.
so if no will case is treated,it shall devolve upon all heirs left by your mom's father,such as,your mom;s mom,other sisters and brothers of your mom!
If such is the case,the sale made by your uncle is valid only for his share that too only when he has inherited it as such,because,he can not inherit,your mom;s dad share as class1,even if will is not there.
Better you visit a lawyer along with all papers of previous litigation or attach here them and state facts in details of a to z,only then i can decide your remedy.
Ravikant Soni
(Expert) 10 June 2011
i agree with prabhakar sir and add this...
Your mother can file another case of pre-emption to buy the share of your maternal uncle which has been sold.
bhagwat patil
(Expert) 11 June 2011
Call 9422773303 in pune.it will be better to go thruogh the papers,undivided 1/3 share of your mother is there at anyway as there are two sister and a brother.
Shobhit
(Querist) 13 June 2011
thankyou very much sir.......
one more query,
whether karta of the HUF property can sell the property without consent of others.if no then can the sale deed be cancelled and property re-acquired.
