Huf property partition
Avil
(Querist) 15 April 2014
This query is : Resolved
My grandfather had 5 children, 3 males and 2 females. The females are the eldest amongst the children. The property is a HUF one. Grandfather had created a WILL before his death stating that he had sold the property to the ladies and both the ladies i.e. sisters had forfeighted the rights in the WILL which is also REGISTERED. Now, after the death of grandfather the females are not ready to sign on the property documents so that the male members can go ahead with the partition stating that they have equal rights after the SC amendment. The ladies were married before 1979. Grandfather's WILL was registered in 2001.
Queries below.
My grandfather wanted to give some property to the ladies (sisters), so he had created a WILL indicating as though he had sold this property to them. The ladies have also forfeighted the rights. But the male members have not yet signed the registered sale deed given to ladies. Is this valid sale deed for ladies?..as there is no signature from male members...
After the demise of the gransfather, the male members want to go ahead with the partition as per their dad's wish, but the ladies are not ready to sign the documents. Do the male members need ladies signature as they have already forfeighted the rights in the registered WILL?
Appreciate your answers.
R.V.RAO
(Expert) 15 April 2014
the ladies' equal rights on property arises in case of ancestral property where by the females by birth become equal owners as their male counterparts, consequent to hindu succession amendment act 2005.
It matters little or nothing if your grand father made a 'Will' of this property , unless it is his self acquired property.
the real issue to examine is whether this property was self acquired by your grand father or if it was passed on to your grand father from his ancestors .
In the latter case it will be considered the Hindu Ancestral Property & in the former case, it will be property that was owned or acquired by your grand father and becomes his self acquired property.
your grand father can distribute his self acquired property as he wishes during his lifetime or by 'Will' .
but he has no such right in case of ancestral property,where in all the legal heirs male and female become equal claimants of the ancestral property.
in fact your grand father is also one of the legal heirs who can claim his share.
so pl. confirm the ancestral nature of the property in which case,all legal heirs ,male and female have right and title to claim their share and any legal heir and at any time can ask for partition of the ancestral property.
T. Kalaiselvan, Advocate
(Expert) 18 April 2014
the property documents are to be seen for proper opinion, show the papers to a local knowledgeable lawyer, get his opinion and proceed as per his advise.
Anirudh
(Expert) 18 April 2014
I think you have some misunderstanding and confusion.
If your grandfather had sold the property to the two ladies, than what is it that he has WILLed?
If it was HUF property, your grand father could have willed only his share in the property and not the entire property.
How do you say that it is a HUF property is not clear.
Therefore, as rightly advised by Mr. Kalaiselvan, you have to show the documents to a lawyer and take advice.
uttamtibrewal@yahoo.com
(Expert) 26 June 2014
dear Avil....
HUF property can not be WILLED .... Karta can only WILL his share in the property ...
Secondly any WILL need to be probated before making any execution.....
documents need to be examined before making relevant advice .
