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Venkat (NA)     14 December 2010

HUF property

'A' has some self acquired agriculture land which he bought out of his hard earned money. After few years 'A' again has bought some additional agriculture land. This additional land was bought using the money realized through cultivation of the self acquired land and the cultivation involved joint efforts of 'A' and 'B'.

'B' is son-in-law of 'A' and was staying with 'A's family after marrying 'A's daughter. The married happened few years before the additional land was bought and hence joint effort in cultivation. The life maintenance and up-bringing of children of 'B', 'B's family and 'B's children are taken care by 'A' itself. After 'B's duaghter got, again 'A' only beared the expenses, 'B' wanted to stay away and 'A' constructed a house using his money and gave it 'B's family.


Considering all the above mentioned facts,

1) will the additional land be the self acquired property of 'A' and will he have the absolute rights over that to dispose it as per his wish?

(OR)

2) will it be HUF property or something so that 'B' and his fanily also will get a share in the additional land?

Note all the persons are still alive and the property in Andhra Pradesh.

Thank you in advance for your advice.



Learning

 2 Replies

niranjan (civil practice)     14 December 2010

Son in law cannot be a member of joint family of A.  If B is in a position to prove that through accounts maintained,he can ask for share,but if the property is entirely in the name of A,B cannot ask share from that additional land.

Venkat (NA)     15 December 2010

Thank you Niranjan for your reply.

The property is entirely in the name of 'A' and there are no document evidence to be shown by 'B' except some eye witnesses.

1) Can 'B' file the suit for share using his wife, who is 'A's daughter, claiming her effort is also involved?

2) If he can, on what basis the share will be decided? What about the maintenance and house etc expenditure incurred by 'A' towrds 'B's family?


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