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Pankaj (NA)     19 August 2013

Share in ancestral and self-aquired property

1. There is a property in Maharashtra that is still in great grandfather's name. He died before 1955. Grand father (who had no siblings) inherited this and died in 1989 leaving behind his wife (who dies in 1995), two married daughters (married before 1978) and a son. Will this property be called as HUF? The municipal bills are still in great grand father's name. Also, there is no formal partition of the property. So what will be the share between the son and two daughters? Does the act at the time of death of grandfather prevail or the act now?

2. There was a court award in 1957 which gave the division of properties between grandfather and his cousins. So each cousin got a separate property. The grandfather died in 1989 (same as #1). Will this property be termed as HUF or will it be considered self-acquired? What will be the share of the property between the son and two sisters? There is no formal will.



 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     19 August 2013

It is an ancestral property.  Legal heirs of the deceased will get equal share in all his properties.


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