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Who owes the right to decide on property sharing issues. If there are two elder sisters and a younger brother in HUF ?

Karta
Younger Son
Father

Author Topic: Who owes the right to decide on property sharing issues ?  (Read 485 times)

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Offline avigujju

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Who owes the right to decide on property sharing issues ?
« on: May 13, 2016, 01:08:38 AM »
We are a family of 2 sisters(I am the eldest) and a brother , brother being youngest have claimed all the property in his name without even concerning us (elder and the eldest sister's) and have shared only 10% of the leftovers. .

Father did propose all the property in brothers name and have written without  even disclosing it to either of sisters.Moreover father has created a fake statement stating that all the property have been purchased by his only son from him.


Can i possess a pivotal position in our family by being "Karta" as per the newly amended HINDU Succession act in HUF(Hindu Undivided Family)   ? or females cannot take part in as coparceners ?

What should be done on this case, Should a petition be raised on court before father's death or after in order for a proper judgement in mutual sharing of properties ?

Regards,
Eswari
(User's Mother)

Offline adv.amarnath

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Re: Who owes the right to decide on property sharing issues ?
« Reply #1 on: May 14, 2016, 09:18:07 PM »
It is not clear to you that whether your father has executed a Deed of Sale or WILL and that is why it is not possible for me to reply accurately but considering that your father has not executed any Deed during his life time then you can and your sister can file a partition suit against your brother in respect of 2/3rd share jointly. If your brother has a WILL it can also be challenged and get it as illegal and/ or any written statement by your father then it is absolutely invaild in the eye of law.

For further clarification and consultation in details you can contact me
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline Heena68

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Re: Who owes the right to decide on property sharing issues ?
« Reply #2 on: May 17, 2016, 10:18:23 AM »
Your father gave everything to your brother?Did your father earn everything? Your brother has to prove that he has the will from your to keep everything.
(your last paragraph raises a thought that your father is still alive)if a child files a case in court while his or her father is still alive,the father can cite this as a reason to give his wealth to his son.Don't do it.
« Last Edit: May 17, 2016, 10:25:06 AM by Heena68 »

Offline rajgopal sripathi

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Re: Who owes the right to decide on property sharing issues ?
« Reply #3 on: May 21, 2016, 08:00:28 AM »
Hi
Need to know on what basis the father transferred the property to the son (whether it was a will or a gift deed or a sale).
Irrespective of any kind of document, you can file a suit for partition of properties(assuming these are self acquired properties of your father) in your individual capacity(as daughter) and plead grounds of undue influence, coercion.
If the properties are ancestral properties, then you can seek partition on grounds of coparceners.
You can file the suit when the father is alive (this will be most preferred) or even now. but a suit should be filed before any limitation kicks in( to know the limitation period we need to know whether the property was transferred by a Will/Gift etc.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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