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 and my father died in 2008. 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. 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. Kindly advice the right course of action.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
on grand mother death intestste the 2 daughter would have share in said property
2) it is better you arrive at an amicable settlment with aunts
3) litigation is long drawn and expensive proposition
4) claim of aunts is logical as grand mother had share in property on your father and uncle death intestate
It is true that the share of your grandmother on her death devolves upon her sons and daughters.
In this HUF has nothing to say as HUF can not detter the law of succession in ordinary course.
So your aunts acquires due share in the proeprty through their mother and you can not deprove their share.
Hence my advice would be to settle the dispute and make mutual partition deed so all the disputes and bickering can be put at rest for good.
All the best.
The claim of your aunts is sustainable as the share of your grandmother, who died intestate, devolved through succession equally on her children including daughters. They can file a suit for partition to cull out their share in the HUF property. The HUF nature of the property does not preclude the daughters from filing a suit for partition to claim succession through their mother.
1. Your father and uncle died before your grandmother died.
2. So, your grandmother is entitled to the share of your father;s and uncle's properties.
3. After the demise of your grandmother, intestate, her property will be inherited by her sons and daughters (including the children of any predeceased son or daughter) and the husband.
4. In the instant case share of her share of the properties of your father and Uncle will be inherited by all her sons and sons and daughters of her predeceased sons which include you and also her other living sons.
5. The said share of the properties of your grandmother can not be claimed by any Aunt now. It can be claimed by your living uncles and sons and daughters of the predeceased sons of your grandmother.
Dear Mr Ganguly on what do you say in your point 5 that my grandmother's share cannot be claimed by my aunt(my father's sister). Moreover, I have 03 children born before my father died. Means they are also the copercerner in the property.
we are unable to comment on Mr ganguly answer as we cannot see the reply posted by other experts on this website
1. In the instant case I understood Aunt as the wives of your Uncles, both demised and living and the explanation is as under.
2. The share of your grandmother of the property of your deceased father and deceased Uncle can be claimed by the sons and daughters of her said predeceased sons.
2. After that her said share can be claimed by her living sons.
3. So, when the sons are alive, their wives, being your Aunts of living uncles, can not claim her said share of the property.
4. Similarly, the sons and daughters of her predeceased sons only can claim her said share and not the wives of her predeceased sons.
5. However, in case of your father's sisters, they are not entitled to the share of the said property, if they are married, since it is a HUF property and they are not the members of the HUF.
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.
Your aunts have rights to claim a share out of their mother's share in the share of property that belonged to your father and reported to have died intestate.
The position of law as per Hindu Succession Act is very clear about it.
The property was not in dad's absolute power at the time of his death as it was under litigation with the govt.
Kindly advice the right course of action.
This cannot be claimed as an excuse especially when the case has been decided in favor your father's LR.
on what do you say in your point 5 that my grandmother's share cannot be claimed by my aunt(my father's sister). Moreover, I have 03 children born before my father died. Means they are also the copercerner in the property.
Since your grandmother is also a class I legal heir to your father and upon your father's intestate death, she is automatically entitled to a rightful share out of his properties left behind. Now upon her intestate death, her own legal heirs namely her sons and daughters or children of predeceased sons or daughters are entitled to a share in the properties left behind.