Legal rights in case of huf as per hindu succession act 2005
Querist :
Anonymous
(Querist) 26 May 2018
This query is : Resolved
My Grandfather passed away in year 1996. He left behind four legal heirs his wife(w), one son(s), daughter no 1 (d1) and daughter no 2 (d2). He left behind an unregistered will which states that the property should be transferred from his name to an HUF. The HUF today consists of deceased's wife, son, grandson, grand daughter, daughter in law and great grand children (7 members). The property is in possession of deceased's wife and son for the last 50 years. The daughters(d1 & d2) had signed a relinquishment deed in the year 2004 giving up their share in the property, the relinquishment deed was however not Registered and it was a mutual agreement between the heirs. As of today the daughters claim a right in the property as per the Hindu Succession Act 2005. Prior to year 2005 married daughters were not included in the share of property in case of an HUF. However the current law gives them a share in parental HUF by virtue of birth. Is this valid in case the deceased left behind a Will and was not aware of a law that gives share to married daughters in the property as well. The Will also stated distribution of other movable and immovable assets which were distributed among all legal heirs as stated in the will by the deceased. All those assets have now been sold by the individual heirs. The only property left is the house left behind by the deceased with a Will that it should be transferred to HUF. The deceased's son and wife are in a state of shock of the developments and have requested the married daughters d1 and d2 to adhere to their deceased father's will and get the relinquishment deed registered, however they are adamant of their rights as per Hindu Succession Act 2005. The property here is still in the name of the deceased and has not been transferred to HUF. Are there any references where the court considers that the deceased was not aware about the Hindu Succession Act of 2005 and his intentions and will were that the property stays within his HUF of which married daughters were not a part. What legal rights do we have today to get the property registered in the name of HUF without including the married daughters of the deceased. Should we go to court to get the will probated, there is no dispute over the validity of the will and all members should accept that their father left behind this will unless d1 & d2's intentions change, which looks difficult because all other assets have been distributed and accepted by d1 & d2 as per their fathers will. What should be our course of action in this situation?
Ms.Usha Kapoor
(Expert) 27 May 2018
You get the relinquishment deed registered forthwith. of Daughter1 and daughter 2. Or they(d1 and d2) may claim their share in your grand father's property as coparceners..
