right on property share
2 years ago
Hi,
i belong to hindu family and My grandfather's self earned property was partitioned between my father and his brother in the year 1988 and i was a month old. after few years my father entered into a sale agreement with some person X without noticing me and my mother. i am aware that karta of the family can dispose the property in case of family needs, but my father was not the only earning member or caretaker of the family, my mother also contributed equally to the family by taking care of the expenses. i know that once a property is partitioned its loses its ancestral title. But, in any way am i treated as coparcenar for the share my father got and do i acquire any interest on it , since i was there when the partition happened. is there case eligible for partition suit.
You may immediately file a partition suit claiming it as Hindu Undivided Family Property thus get an injunction against your family members. Thereafter, Court will decide as to whether it is HUF Property or Self Acquired property and accordingly judgment will be pronounced.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Please take note that if your father doesn't make any registered Deed of transfer or Will in respect of his self acquired property,then after his death you and your mother will inherit the property but during his lifetime, you and your mother neither can claim any share in that property nor can demand partition.
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