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Clarification on partition of property between heirs
22-Mar-2023 (In Property Law)
We are a family of surviving 4, A.my 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.
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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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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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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Adv. Siddharth Dev
Delhi | 200+ Answers
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