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HUF Property issue with the family members.
02-Dec-2023 (In Property Law)
My Grandfather had 3 Son and 2 daughter. He had purchased house in the year 1965 in the name of elder son who was minor(16Years) at the time of purchase. All the 3 sons are living in the same property with thier families till date.
Now my uncle under whose name property was purchased expired couple of years back and thier legal hier has transfered the property in thier name in the current year.
Whether this property will come in HUF? IF yes how to approach for the same and any timelines for the same
Certainty, a claim and possession on the said property is liable, as all parties resided with mutual consent of the other and there appeared no intentions to segregate the said property during the lifetime of the Uncle who actually had the title.
The Moot question is whether rights of other brothers and their families survive despite the title being independently owned by the Uncle, who acknowledged the relationship, possession, occupation and Deemed Gratitude towards the own brothers whose families too grew up. ? The answer is certain.
Next is the seed capital investment by the Grandfather n his intention, if through a Will or otherwise. The investment being done by the Karta of the family from the family income itself is a proof of source of funds of joint family liquid fund, available at the time of purchase.
remedies will be available in civil law. approach has to adopted to achieve desired results.
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Adv. Sarthak Shah
Mumbai | 100+ Answers
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Hi. Sorry to hear about your issue. This seems like a property division issue and claiming of rights from family and huf. We can help u with this by way of legal notice or filing criminal or civil case. We can discuss over a call at time convenient
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