Clarification on Ancestral Property (HUF)
Priya Mengaji
(Querist) 23 January 2011
This query is : Resolved
Dear Sirs/Madam,
I would like understand the following points of Law wherein if a property which was in existence as an ancestral HUF and was later on passed on to the immediate son and his other brother and sisters by way of deed of partition/suit; can this immediate son ("X") who has recieved this property from his father as a share of the old HUF later on during his lifetime make only his surviving son, his wife and unmarried daughter the actual rightful owners of this property thereby alienating his married daughters of any single share of the ancestral property.
For E.g. Mr. 'A' who is the father of Mr. 'X', gave 'X' the HUF share by way of a judgement for division of property. After this Mr.'A's HUF got dissolved. Later on Mr.'X' who has got 5 daughters of which 4 are married and one is unmarried and a son (Mr.'Y') entered into another HUF in his lifetime in which he made his son (Mr.'Y'), wife and also the unmarried daughter co-parcener. Later on Mr.'X' has then gone ahead and registered another deed of partition giving equal rights to the only 4 people who were the co-parceners and including himself the 'karta' who formed the new fraudulent HUF to defraud the other.
The point of question of law is:
1. Could Mr. 'X' make another HUF of an ancestral property inherited by him.
2. The Hindu Succession Act Amendment of 2005 does not include any kind of argument which are against the documents registered before 2004, thereby giving an opportunity to people to misuse this particular fact by making fraudulent backdated documents and thus acquiring the absolute ownership and alienating the married daughters of the rightful share of the property.
3. Can the married daughters sue Mr."Y" under various sections of IPC and claim their equal share in the property by way of Hindu Succession Act (Law of Inheritance).
Awaiting Reply.
R.Ramachandran
(Expert) 23 January 2011
The daughters (whether married or unmarried) of 'X' also have equal share in the property got by 'X' through partition of HUF.
As such, if at all 'X' forms any HUF afresh, he can do so, only after giving away the shares to his daughters (including the married daughters). In any case, 'X' cannot in any way avoid giving the shares of his married daughters in the share obtained by him from the HUF property on partition.
Priya Mengaji
(Querist) 17 September 2011
Hi,
I need to know more about an Ancestral Property share given/received by the Second Son inherited by his forefather in a family settlement by way of Consent Decree agreed between his siblings in 1950.Does the Ancestral Property Share cease to be termed or recognised as Ancestral in Legal Terms once the division is done ?? What about the legal inheritance right of his children??. Can this Son who has received the Ancestral share bequeath his property by making a Will or a make an exclusive HUF in 1984 to defraud/disclaim his married daugthers by misusing the Provision of HUF prevailing at that time and give the entire share to equally to his youngest son & unmarried daughter??
Regards,
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 January 2011
