Rupi (CPA) 23 August 2013

Ancestral property partition (HUF) married before 1994?

I have quite a few question's that our lawyer either does not know about or for some reason does not an to clear up, so someone please help me to figure out if i should change him for a better Lawyer.

The short story of the whole matter is that on 2007 my grandfather died, my father and my bua went along and no one demanded any kind of partition but in 2010 after my father started repairs to the house my bua hit him with a stay order and suspended the repair work. When asked for clarification she said the work was being done without her permission and she wants a partition because its her right after 2005. My father had earlier sold a small plot and split the money with my bua but he did not know she also has right to the property since she was already married and in HUF married daughter don't have a share.

My questions are these:

1. My bua was married before 1994 "1979 to be correct" will she still have a share.

2. Does my bua even have a part legally since HUF exists and we have documents to prove it "Wealth/Property Tax"

3. My father sold a small plot with only his signatures and now my bua wrote in the stay that this was also done without her know how there is no mention of the money.

4. Our Lawyer told us that its best to stretch the case along which is a very problematic thing since our main house is falling apart and needs repairs badly.

5. My bua says she will move to the Supreme court if she does not get equal share and challenge whatever high court rules.

6. My bua wants the house and wants us to move out can she force us to move out legally.

7. My bua said whenever she comes she wants my room to stay in which I have not been living in since last year since I am in Delhi for studies right now.

8. Can the judge force a settlement, will pointing out that the demands of my bua are not possible help?

9. Heard that we can fast track the case also but our lawyer says it will not save our house and that the house will be divided 50:50.

I am in such a problem since my mom passed and my dad is the only person in my life with these cases going on and his diabetes giving him trouble every week. If it comes down to me i am not sure I can handle a case like this alone.

Someone please help...

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5 Replies

Advocate Vishnu (Advocate) 24 August 2013

1. yes , your bua has a share of 50 % in the house. The reason is that your papa and bua are the only legal heirs of your grandfather.

2. TAX receipts will give you possessory title , but not ownership title. So keep this safe as these documents are very much required in your case.

3. You can prove this only during cross examination and depends on the skills of your lawyer to bring out the truth.

4. Since your father has 50 % share in the property , you can go ahead and make the repairs which are required. However, pl make a record and preserve all the bills. These documents will be required during evidence stage.

5. your bua cannot directly go to supreme court. Only if she loses in both district and high courts of your state, she can approach the supreme court. This is an empty threat and there is nothing to worry about.

6. No. since your papa is entitled to 50% of the share in the house, she cannot sell the whole house. Legally she cannot force you out of the house as you are in possession of the house and your papa is living there.

7. Do not play into her tricks . Whatever happens do not give up possession of the house.

8. The judge can never force any settlement in your case. This will have to be amicable settled between your father and your bua.

9. You may transfer the case to a fast track court . But from my experience, I will have to go with your lawyer. He is right in informing you that the house will have to split into 50:50.

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Rupi (CPA) 28 August 2013

Thank you so much Mr. Vishnu for that much enlightening words. After reading your response i am going easy on my lawyer but he now says that since my Bua was married in 1979 and the whole property is under HUF "Hindu undivided family" we have a shot to either reduce her share in the property or even nullify it all together.

This goes against what you have told me and i am not sure if he is yet again bringing false hope to my father.

Again thanks a lot Mr. Vishnu

Advocate Vishnu (Advocate) 29 August 2013

The Hindu succession act was amended in the year 2005 and it gives daughters equal rights in ancestral property. Her rights cannot be taken away by saying she was married off in 1979.As I have mentioned in the earlier post , your papa and bua are the only legal heirs of your grandfather. However her share can be reduced only by proving that your grand father had given her a stridhana during her marriage in 1979.

Raghavan (Consultant) 23 September 2013

FYI- In Tamil Nadu, your Bua is not considered a coparcener, i.e. She is not eligible for 50% share because 1) She is married prior to 1989 amendment Act 2) Amendments to an original Act of 1956, cannot be made retrospective. So I think your lawyer is correct he is not giving you false hope!

meetmodi (student) 15 April 2014

Vishnu sir I am law student i have one question that is fore father owned property is ancentral property the grand son can get right in property If the grand son is matured in age then he get right in ancentral property if the father of grand son sell the ancentral property without the consent of grand son then the grand son can get right if grand son get then what is the remedies