Civil Procedure Code (CPC)

Huf/ancestral/joint property issue

My grandfather received land from his father, which he gave it to his five sons through a court decree in 1981. The land was acquired by the govt and my family was fighting a case with the government. Grandfather died in 1998. Now my uncle(father's brother) died in 2006 leaving behind my aunt and 2 daughters and my father died in 2008 leaving behind me and my 3 children born before he died. Both died intestate. My father had created his own HUF and also opened a Bank A/C in his huf name. we won the case from govt. in 2010 & in the judgement my name was added as my father was no more as a LR of my father. My grandmother died in 2011 intestate. The property so won is still joint in 2017.No partition has taken place. now my 02 aunts are claiming the share through my grandmother, stating that my father and uncle died intestate, therefore, my grandmother had a share being Class 1 Heir. Is this claim logical as the property is still joint( my uncles and I are still Co- owners) and my grandmother never claimed for it while she was alive. No partition has taken place and the HUF is still Carried on. I think you become a member in HUF by birth and membership ends by death. The property was not in dad's absolute power at the time of his death as it was under litigation with the govt.and was released in 2010. Kindly advice the right course of action.

It is believed that you are Hindu.


Was the property in the hands of grandfather ;Self acquired?

You may clearify why grandmother (wife) was not given any share in the court decree?



Yes I m Hindu. Grandfather got the land from his father I.e great grandfather. I don't know why my grandfather never gave any property to his wife(my grandmother) through the decree.



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