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About partition and father's HUF
I am 42 years old, ELDER daughter never married professional fighting under daughter's inheritance rights with my mother and younger brother left behind by my father (ex.in 2001) without a will. Also they have by forgery created duplicate POA, Affidavits, Bank and Demat accounts in my name and transferred shares, the case of which is going on in Mumbai high court for AB. 1.Properties have been purchased by my father with his money but officially registered in the name of my mother. My always housewife mother doesn’t have any way to prove that its her self earned property by documents nor was my brother earning that well. In how many years can I file a partition suit after the death of my father (2001)? Can I ask and get my 1/3 share in these immovable properties like land and gold/silver etc as well as Father’s HUF while filing for a partition suit by making a plea that they were purchased by my father for benefit of joint family ? Kindly share the link of the stating the latest and appropriate law in this concern to clarify given a mixed advice has been given by lawyers in the past. 2. I had signed a registered release deed in 12th sept 2008 relinquishing my right over our ancestral house and property. This was done by deceit by giving me a untrue story by my brother and mother. Since I am unmarried, do have to right to stay in my demised father's property for your lifetime till I die or marry even if the house is in my mother’s name as of today?Within how many years can I challenge this release deed? 3. Can the Shares certificates in the name of the deceased as well joint name with deceased be transferred to the second co-owner /holder without a succession certificate or automatically by the process without involving the other heirs? I am not aware, involved or informed about in any kind of succession certificate.Where can I know or get a copy (if any) of this? 4. Even if I am professional capable of earning and maintaining myself, As a co-parcener in my father’s legally formed and registered HUF, Can I ask or expect a MAINTENANCE ( yearly or monthly) from my RICH brother or any accounts details in name of HUF maintained by him via email/ notice. I can prove he is not giving me anything so what else can I do beyond civil case? 5.My brother has over the period of time sold and closed all bank and demat accounts of the HUF with forged signatures as soon as he got aware I am going to ask my share in it. How can I now get possession of my dues or shares in it NOW? Can he officially file IT Returns, transfer shares or close the HUF Bank/Demat by himself without involving me as a co-parcener before or after making him a KARTA officially on paper in 2007? Can I sue him for this? 6.I have been told I can send a notice to my brother’s business partners, CA, bankers and clients asking them to stop business with him givenhis money was taken through forgery as I am the co-owner in all the properties and cash and an AB of forgery is pending
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
1) your mother had no source of income . Property was purchased by father in mother name for benefit of joint family . You can claim one third share in property
2) registered relinquishment deed is bindingupon you . As on date you have no share in said property. Suit to set aside release deed ought to have been filed within period of 3 years
3) you can stay in said house with mother permission
4) for transfer of shares standing in name of deceased succession certificate would be required as deceased died intestate
5) you have relinquished your rights . You cannot claim maintenance from brother
6) if signatures are forged file police complaint of cheating , forgery against the fraudster
7) send n9tice to brother partners as per legal advice received by you
Dear client,
1. See when the property was purchased by father in mother’s name for the benefit of joint family, you can claim 1/3rd share over the suit property.
2. See the said relinquishement deed is binding upon you and as on the date there is no share for you on the said property, and also to set aside an relinquishement deed a suit can be filed within period of 3 years as per the limitation act. And you can stay in the said with permission of your mother as permissive possession of the property.
3. For transferring any such shares of deceased a succession certificate is required.
4. See you have released your rights and you have no authority to claim any maintenance from your brother.
5. See if you’re signatures are forged then you have an option of filing a private complaint on them.
I have read all your facts
Will suggest you that, if you prove that the property has been purchased under HUF income when your father was karta and for beneficial of mother he took property on mother's name.
Further regarding all his bank accounts and Demat account details you will get from CIBIL regarding of past before your father's death and till death how many money and shares were balance in it.
1. If this property was registered on your mother's name even though the fact is that your father funded for this purchase, it becomes your mother's own and absolute property, hence nobody has any rights in it including your brother.
2. Once you have relinquished your rights by executing a registered release deed, you cannot revoke it for any reason, if you feel that you have been cheated or deceived then you can approach court for revocation within three years from the date of registration or from the date of knowledge.
3. If it was jointly held then the second holder is entitled for the entire share, there is no necessity for succession certificate.
4. In HUF you have a right for share as a coparcener, but you cannot claim maintenance since your are employed and earning a handsome salary.
5. You can file a suit for recovery of your share in that account or the monies received by sale of various shares.
6. You can send a legal demand notice demanding your share in the shares sold
6.
Thank-you for your valuable guidance. 1. How can one prove that the properties in the name of my mother was purchased by father between [deleted] in mother’s name for the benefit of joint family? My brother and I were school kids then? Also, on every property document it has been stated that the profession of my mother is Housewife/ Agriculturalist. 2. I haven’t relinquished my right in the HUF and still stand as a co-parcener. Again, here I have mixed advice if I can ask for MAINTENANCE or ACCOUNTS details by a legal notice to my brother who is the KARTA in my present professional earning status? 3. As told, after a relinquishment deed a suit can be filed within period of 3 years from the date of knowledge of the deceit done or from the date the incident happened? 4,My brother has over the period of time sold and closed all bank and demat accounts of the HUF with forged signatures as soon as he got aware I am going to ask my share in it. How can I now get possession of my dues or shares in it NOW ? Can he officially file IT Returns, transfer shares or close the HUF Bank and Demat by himself without involving me as a co-parcener before or after making him a KARTA officially on paper in 2007? Can I sue him for the transactions done for this? 5.Does manage investments of HUF give the KARTA the right to open or close bank and demat accounts without involving the co-parcener as well as sell the shares in the name of the HUF directly? 6.My brother has opened several Bank and demat accounts as well as shares in companies in joint names which he is not agreeing sign for closing. What can I do to get him close all kinds of business he is doing with me in my name with fake as well as real signatures? Is the partition of the HUF a part of the civil suit partition or separate that I am filing for all my properties? How can I revoke that POA to remove my name? Separate the shares in joint name?
Asked 7 years ago
1) your mother had no source of income . She was agriculturist and house wife
2) full consideration was paid by father
3) hence it was bought for benefit of joint family
4) you can ask for accounts from your brother
5) you can file sit within period of 3 years from discovery of fraud
6) if case of forgery against brother if he has forged your signatures and file suit to set aside sale of shares by brother
7) karta can sell assets of HUF for legal necessity and benefit of joint family
8) you can file suit for partition seek injunction restraining sale of property
1. If the property was bought on mothers name, it becomes her own and absolute property even though father funded for the purchase of the property, so whatever proof you have will be of no use.
2. You may go by the advise which is practical
3. Limitation is three years.
4. If it is not barred by limitation then you can rattle the subject, see what reactions it may fetch.
5. He can do it for the beneficial of the coparceners.
6. you can consult a lawyer and issue a legal notice venting out all issues and demand his explanation legally.