Legal Question in Real Estate Law in India

Hello,

I would like to know about HUF property law for following.

1. My grandfather has made property (1 Commercial & 1 Residential property)by self earned money in which my father(divorced), me and my brother, grand parents all were staying together having single kitchen. Will it be considered as HUF ??

2. In case if Grandfather & Grandmother dies without making any WILL then can father SELL this property to anyone without NOC from me and my brother ?

3. In case if Grandfather has made a WILL in favour of anyone of them , then can rest 2 claim for there share on the property according to HUF law?

4. In case of will in favour of grandsons, property is sold by father alone without NOC. IS sale agreement valid legally?


Asked on 3/11/11, 2:52 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers for all your queries are herein below for your perusal;-

1)This is not a HUF property.

2)Yes the property would become self acquired for your father after the demise of your Grand Parents (intestate) and he can do anything with the property without your consent or NOC

3) No.

4) No but you have to challenge the sale deed before the court .

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Answered on 3/11/11, 9:44 am


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