Clarification on partition of property between heirs

We are a family of surviving 4, husband 62 yrs, B. myself 60 yrs. our 2 children (C. son 34 & D. daughter 31 both US citizens). A's father E created an HUF in 1972 using funds from his father's gift money. C & D were given a copy of HUF order before they settled in US. C became dishonest after his marriage 2 yrs ago. E. expired 20 months ago & C took control of F his grandmother w/cancer & also A who is mentally weak. B was in US for D's delivery. During this one month last year, C got a relinquishment deed from A in favor of F (expired 6 wks ago) Next C got all property gifted to him by F. All this happened in May 2016 & D got to know of it only last month. I got copies of both deeds from registrar's office 2 weeks ago. My question is:- 1. Can D 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 A my husband recover his share? 4. Do I B also get any share upon partition.

Answers (2)

275 votes

Madam answer to your question is an affirmative your daughter can claim her right in h u f property as well as your husband can also clean his right in that property so I would like to suggest you kindly meet your choice of advocate and file is suit for declaration

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70 votes

Your daughter can claim both the relinquishment deed and subsequent gift deed as null and void and also ask for partition. Since your daughter is also a coparcenery in the HUF, without her signatures, the relinquishment deed is void and illegal. You being a member of the HUF and not a coparcenery cannot seek partition but only seek maintenance out of the income of the HUF property or a right of residence in the property. However, your daughter being a coparcenery can seek partition along with cancellation of relinquishment and gift deed

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