Distribution of property in HUF

505 votes

Property inherited upto 4 generations of male lineage (i.e., Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. ) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

If your great grandfather and he has not made any arraignment towards the property during his lifetime, the property shall automatically fall on his legal heirs, after that if those legal heirs did not partition the properties and it has fallen to their next generation heirs, then the properties if again not partitioned among the said heirs of this generation then the properties will fall in the hands of the next generation heirs.

So your grandfather's death, your father will be entitled to a share in this property out of which a share to each of his children shall be allotted / distributed. So the distribution of property only allowed among in coparceners. In relation to HUF property, a coparcener is a person who acquires a right in the ancestral property by birth and a person who has a right to demand partition in the HUF property. Prior to the amendments made by the Hindu Succession (Amendment) Act,2005, only male members of a family had a right to the Ancestral property by birth and they were only entitled to demand partition in the HUF Property and thus only male members were called coparceners. Any member other than the above who were not entitled to right in the HUF property by birth or who did not have a right to demand partition were not coparceners. More specifically says that coparcener is a person who is entitled to demand partition of his share in the Coparcenary property.

After the amendments made in Succession Act, 2005 a daughter has also been given equal rights as son and she has also become a coparcener in the Hindu property and she has also got rights over the Hindu property to demand partition. The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005.

So in your case your grandfather’s sister has no right at all over the property. Defend the case .

Advocate Ajay NS LawRato