• Merits in my case -HUF transferred illegally by a member

We are a family of 4, my husband 62 yrs, myself 60 yrs. and our 2 adult children (a son 34 & a daughter 31 both US citizens).
My husband's Father )created an HUF in 1972 using funds from his father's ancestral agricultural land. This fact was verified & registered with ITO Delhi (property is in Delhi worth 2.5 crores by circle rate). Our children were given a copy of this order before they settled in US.
My son became dishonest due to long absence /distance from home and after his marriage he changed more in being dishonest.
After his grandfather's death 18 months ago, he took control of his grandmother who was suffering from cancer & also his father who is mentally weak too.

I was not allowed to meet them on one or the other pretext ( example : they don't want to see you, or she's resting or something similar) During this one month last year, he got a relinquishment deed from his father in favor of grandmother. Next he got all property gifted to him by his grandmother by spending a hefty fees. All this happened in May 2016. This fact remained hidden for all these months & got to know of it only last month. I got copies of both deeds from registrar's office 2 weeks ago.
Now my question is:- 
1. Can she still ask for partition as per 2005 act ? 
2. Can she ask for declaring NULL & Void the 2 deeds based on HUF document?
3. Can my husband recover his share?
4. Do I also get any share upon partition.

Appreciate your guidance
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

you can claim your share in partition

2) husband will have to file suit to set aside relinquishment deed made in favour of grand mother

3) similarly grand mother has to file suit to set aside gift deed on account of coercion or undue influence

4) grandmother can claim her share in property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) file suit to claim your share in HUF property

2) if grand mother was not mentally fit gift deed executed by grandmother can be challenged in court

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Can she still ask for partition as per 2005 act ?

She can very well claim for partition and separate possession of her share n the property. She first has to file a suit to cancel the registered gift deed on the grounds of fraud and fabricated documents agaisnt the fraudster grandson.

2. Can she ask for declaring NULL & Void the 2 deeds based on HUF document?

She has to file a suit for declaring the said deeds as null and void for the reasons that they have been obtained under force, coercion and by playing fraud on her.

3. Can my husband recover his share?

He too shall have to file a suit to declare the relinquishment deed as null and void for the reasons that this was obtained under his influence fraudulently.

Simultaneously he can claim partition and separate possession of his share in it.

4. Do I also get any share upon partition.

Not during the lifetime of your husband.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Grandmother has also expired 6 weeks ago due to cancer. Husband is in Son & his wife's control and as such cannot/will not go against them at all. He is a like a child by mind and was never able to support his own family, that's why grandfather formed HUF in 1972 when it got revealed that he is incapable to work. Grandfather also gave a copy of HUF to his grandchildren too just in case they may need it in future.

In the absence of both the grandmother and your husband's inability to go against his son, nothing can be done legally on this.

However the other grandchildren and other members of the family who are entitled a share in the HUF property can very well seek partition and separate possession of their rightful and legitimate share in the property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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