v.lakshminarayanan (prop) 28 June 2011

Family property

dear members

i am posting after quite some time.

i have a doubt on hindu succession issue.

in a hindu joint amily, the family head dies without leaving a will. he is survived by his wife and two sons. if the wife and one son without the k nowledge of the other son settle some of the properties among themselves surreptiously, will it bind the other son?

please enlighten

thanks

yours

v.lakshminarayanan

palani

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3 Replies

anuradha (student) 03 July 2011

As per hindu succession act if the father diesintestate all his legal heirs are equally entittled for the property whether movable/ immovable. hence, the other son with out whose notice the property has been sold is entitles for the share and he can file a case in the court for his share and the purchasers agreement will be void.

Bharatkumar (ADVOCATE ) 04 July 2011

i agree with Anuradha.

v.lakshminarayanan (prop) 04 July 2011

dear members

thanks for your clarifications.

but my main point is this: if one of the heirs relinquishes his or her share in the joint property in favour of the another, without the knowledge of the third heir, what is the remedy available to the cheated heir?

thanks

yours

v.lakshminarayanan

palani