Roshan Mehta (CA) 28 August 2011

Hindu law - weird argument ? please help ?

I had taken some legal advice regarding a HUF-Property matter. And I received a very weird/doubtful advice. I wanted to verify the same. Please read the below case and help me.

There is a property, it is owned by Mr.ABC. He has 3 children namely Mr.X (son), Mr.Y (son) and Ms.Z (daughter) after his death he gave the property to his wife Mrs.ABC through a registered Will.

Now Mrs. ABC (wife) is old and has again given the said property wholly (100%) to her son Mr.X through her registered Will.

Now as per my legal advisor's view...he says as per Hindu Law - Mr X can definately receive and enjoy the property to the extent of using it and NOT for the purpose of sale. Incase of sale Mr.Y(son) and Ms.Z(daughter) are also eliglible equally for the sale proceeds. (he says as per hindu law the property automatically becomes a HUF property even though there is a WIll and provides protection to all sons & daughters)

Is this True ? i think if this is true then whats the whole point of making a registered will ?

Please help i am deep trouble

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3 Replies

(Guest)

Yes two sons and one daughter is equally eligible for the property. They have to file a partition suit in court of law.

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Roshan Mehta (CA) 28 August 2011

but why is a partition required when the Mrs.ABC (wife) gives away her rightful owned property through a registered will to Mr.X ? so you mean to say the will does not hold any value in respect to that property ? and when you say HUF partition then whoes HUF are you talking about ?

kumar t v s (advocate) 28 August 2011

Dear Roshan,

If the property of Mr ABC is self acquired and has through the WILL bequathed absolute rights to his wife Mrs ABC, then Mrs ABC can sell/gift/WILL the property to any one including a stranger.

Pl check the status of the property in Mr ABC hands in the first place.

secondly confirm whether the property is bequathed absolutely to Mrs ABC.

Hope this answers your doubt.

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