what was reason for loosing the case,order of court
Right in HUF property
i stating that my father died in may 1996 and gave divorce to his wife in the year april 1995 through court case and gave a sum of rs. 1.00 lac for remuneration after settlement by court, my marriage made on 30th january 2001, my father having the property from his father by a partition deed in the year 1958 stating that the hindu undivided family is dissolve and the property is divided between the family member and the deed registered in the tehsil. at the time of partition my father is also a child at the age of 10-12 years old. now i draw you kind attention that my 2 brother make a court case that i am having the right in the property equal to 1/9 share as per HUF Law in the year march 2008. please clerify me about my share in the property under what act i can get my share in equal . the said case lost by me and i make a appeal in session court . please clerify me the status of myself position in the property
Asked 10 years ago in Family Law
Religion: Hindu
7 Answers
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Asked 10 years ago
After the dissolution of Hindu undivided family in 1958 the property became disintegrated into separate shares for all the share holders.
Did your father leave behind a will ? If no will has been made by your father during his life time then after his death the property shall vest equally in all his children and widow. The share of your siblings is equal to your share. You can cull out your own share by filing a suit for partition.
What is the nature of case filed by your brothers which they have won? You can file an appeal against the judgment in higher court.
once partition deed is made in 1958 your father was absolute owner of his share . on your father demise property would devolve on all his legal heirs ie his children . each legal heir would have equal share in said property . from facts mentioned by you it appears you have only 2 brothers and no sisters . hence you have 1/3rd share in property .
what were the grounds on which you lost the case filed by your 2 brothers .what is stand taken in appeal ? without knowing the details we cannot advise further .
you must have engaged a local lawyer . go by his advice
actually this question belongs with my wife. my wife lost the case on the basis of that the properties is a paternal property and after dissolution of hindu undivided family my wife father is absolute owner but the court order that the property became the HUF property even after of dissolution deed. so the court order that the property of HUF and the girl child became the 3rd share in the father's share. so decision given under the section 6 of HUF act. so please tell us the clear matter under Section 8 that my wife is having the equal share or not. my wife married in the year of 2001
Asked 10 years ago
If the court has refused to recognise the property as paternal property then you may challenge the judgment by filing an appeal in the higher court. Without perusing the documents of the case we cannot advice you. Go by what your lawyer has told you.
if you are aggrieved by the impugned order passed by court file an appeal . it is necessary to go through the reasoning adopted by court in giving its findings that property remains HUF even after dissolution . go by your lawyer advice