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Can widow and daughter of diseased joint owner of HUF claim share ?


01-Feb-2023 (In Property Law)
My grandfather purchased a property in 1960. In the year 2003 he made a will which eventually came in force in 2007 after his death in which he divide his property between his daughters and a son but excluded his another son and his family from any benefits. The excluded son (my uncle) died in 2005. Aggrieved my aunt and her daughter filed a case against my grandfather and father in 2006 claiming the property to be HUF. Now i want to ask:- 1. Weather a widow and married daughter can ask partition or share in HUF? 2. Weather partition of HUF can be claimed if Karta (my grandfather) is alive?
Answers (3)

Answer #1
600 votes
Your mean is your grandfather had two sons and daughters , he was written a will in pursuance of above property in favour of a son & daughters,
1.answer, Excluded aunt and her daughter have a no right to claim about said property.
2. No.
Answer #2
811 votes
Dear friend as per your question and according to law hindu succession act disputed property your grandfather self acquire property and your grandfather also alive so both are can not claim but I don't understand how this property belong to huf
Answer #3
825 votes
As per ur statements if self earned property is not will by karts huf then widows and married daughter is right in property partition and partition ofhuf can claim even karts is alive, rest on VI's a vise

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