Upgrad LLM

HUF Property

This query is : Resolved 

02 September 2009

A property/ agri land was purchased by grandfather in 1941. After the expiry of grandfather in 1954, the names of three brothers were entered as legal heirs of the property. In 1957 the property was partitioned between three brothers unqually. the partition deed was registered. Even after this upto ,1991 one of the partitioned property which was shown in the name of elder brother was showing the name of elder brother as HUF Karta and shows that he has two brothers and their names be entered in the 7/12 extract After the expiry the elder brother only the names of sons of elder brothers were entered by Talathi without informing it to the sons of other two brothers . Whether a HUF property can be transferred in this manner ? Can the names of the sons of other two brothers be entered on the 7/12 extracts as per HUF Act. The property was under ULC Act . Why the govt has not acquired the property under ULC ? Whether the name of Elder brother was purposely entered as Karta of HUF to save the property from ULC? Now the ULC file is not available as per govt records, and also it seems that the signatures of other two brothers are not mathcing with their original signatures. Is a fraud? What are the remdies available to get the names of sons of other two brothers entered into the reveue reords ?

sanjeev murthy desai (Expert)
03 September 2009

Dear sdkhardkar,

First u get that registered partition deed in the jurisdictional sub-registrar office, and completely go thorough it,

U did not specified that said partition under what extent of the land allotted to the share of said brothers.

As per mithakashara law that property considered as HUF property. If the property actual violate the provisions of ULC you can make a complaint in the Deputy commissioner office/ jurisdictional office

After the demise of said elder brother, if he had the property under registered said partition deed, all his properties devolving as per inheritance law. So other brothers children dont have any rights in that property.

if u need clear answer please specify above said some points.

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