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Seeking my share in ancestral property
18-Sep-2024 (In Property Law)
Dear Sir/Madam , I am a hindu, job holder from 20 years now residing in Blore seeking for my share in ancestral property. I have an elder brother & elder sister and my father 76year old who is the karta in HUF, in my family. My mother died 3 yrs ago. My father did not make any partition till now Always he plans for unfair share in the property when it comes to me. Now he is saying he will make a Will as per his wish. He wants to give more share to my siblings. Can he do that?
Dear client based on your question as per Hindu succession act each child will get equal shares of the property but if your father wants to make a will to others siblings he may and for your matter we need more detailed discussion. Hope this answer helps you for detailed discussion feel free to contact us.
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Adv. Anik
Bangalore / Bengaluru | 400+ Answers
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your post leaves to confusion has to the status of the property. at one place you say it is a Hindu unlimited family property and your father is the karta. next Hai you want to say that he plans to write a will as per his wish. he can right you will only in respect of his self acquired property.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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If the property is self-acquired, the owner has the right to bequeath it through a will according to his wishes. This means he can choose the beneficiaries without any legal restrictions, as long as the will is executed properly and adheres to the legal requirements.
In the case of a Hindu Undivided Family (HUF) property, it is advisable to execute a partition deed. A partition deed formalizes the division of the property among family members and clearly outlines each person's share. This can help prevent future disputes and ensure that all members of the HUF receive their rightful share of the property.
If the property is ancestral, meaning it has been inherited through generations, all members of the family have equal rights to it. In such cases, a partition deed can also be beneficial to allocate specific portions of the property to each member, thereby clarifying ownership and avoiding conflicts. Ancestral property is typically subject to inheritance laws, which means that each legal heir is entitled to a share. To ensure a fair and transparent distribution, it’s crucial to document the partition properly and involve all stakeholders in the process. This helps in maintaining harmony within the family and upholding everyone's legal rights.
if it is not divided properly you can claim the same
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Adv. Vasudha S G
Bangalore / Bengaluru | 50+ Answers
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