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)

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

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
19 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Property Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Articles

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

can property will signed by notary public be challenged by another legal heir ?…

Read More

As i stay it in mumbai, my cousins are dividing the property among themselves for which i have to get a stay order on their procedure, Request you to …

Read More

Can I build my own house on land owned by many including me and I/my heir will be sole owner of it?…

Read More


Read More

Talk to a lawyer for your legal issue