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Daughter (None)     30 November 2010

Right on HUF property before 2005 amendment

Dear Sir/Madam,

I'm a married lady (married in 1970) who has one brother. My father passed away in 2003 and left a will which said that my brother is to be given all the property. The property (land) in question is an HUF plot which my father had inherited. HUF was in the name of my father (Karta), with myself, my brother and my mother in it.  The property also has a building built by my father on it.

Since my father passed away in 2001, prior to the 2005 amendment in the HUF law, can my father transfer an HUF property (land) and the building he built fully to my brother through a will?

Thanks in advance for your expert comments,

Regards.



Learning

 11 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 November 2010

If it is self acquired property of your father then thru., will your brother will be the absolute owner of the property.  If it is ancestral then you can claim your share in the property.  Amendment  to the succession act says that daughter is also co-parcener.  After the death of the father succession opens.  What is the poition of the property it is to be looked into.  Here after the death of your father succession is open you, your mother and brother are the legal heirs of the deceased father and property is ancestral one so your father was right to make a will to the extent of his share only but not entire property.

So go for suit for general partion and seperate possession of your 1/3rd share you+mother+brother)

suresh (Advocate)     30 November 2010

Yes I agree with Advocate Mr.Rajeev,

you can file a suit for parition and separate possession, provided it is a joint family property.

 

regards

Suresh.N.V.

Daughter (None)     30 November 2010

Thankyou for your prompt replies.


1. Does it not make a difference that my father died before the 2005 amendment? Is the amendment retrospective because I was told at that time it wasnt.

2. Also, in 2006, under the guise of my father's will (and his desire!) and some pressure, I was made to sign a relinquishment deed (on my share in the HUF)  - do I still stand a chance to file a case for my share of the property, now after 5 years post signing this deed?

Adv Archana Deshmukh (Practicing Advocate)     30 November 2010

I differ from the above opinions as ur father passed away in 2001. The amendment of 2005 does not invalidiate any disposition of property before 20/12/04. So you were not a coparcener at that time, also your father has willed his share to your brother. You have also executed a relinquish deed 5 years back. If its a regd deed, in my opinion you cannot claim now.

ramaraju ramaiah (Tax Consultants Advocates)     30 November 2010

One person had exected gift deed of house property to his brothers son without consideration . Gift must be accepted by donee.But no such acceptance was not informed to donee. Can the donar denie the gift deed?

after 10 years? and next how to inform gift accept letter to donar

Thanks in advance

K. Sundar Rajan (Consultant)     01 December 2010

Dear All,

My father inherited one half of a house from his father through a will.  The other half has gone to my father's brother.   My father died in 1990 leaving behind his wife; two sons and two daughters. Father did not leave any will.  We have not done partition till date.  Now, we want to do it.    Will my two sisters who were married even before my father's death and my mother be eligible for a share in my father's property.

Shall be thankful for a clarification.  Thanks in advance. 

niranjan (civil practice)     01 December 2010

Gift deed has to be executed which would amount to acceptance i.e. if whatever is gifted,if accepted by the donee,then it is acceptance.

niranjan (civil practice)     01 December 2010

Yes you all have equal share.

SACHIN AGARWAL (ADVOCATE)     03 December 2010

Mr. Sunder Rajan,


You all have the shares in the property left by father.

ravisankar (advocate)     04 December 2010

yes your sisters and mother are entitled to get share in the property, because your father got it through a will. hence it is his separate property

girishankar (manager)     25 December 2010

Hm


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