Legal Question in Real Estate Law in India

HUF or SUCCESSION ?

We r hindu. our deceased father was in service.When none of my sisters or brothers were married certain properties were purchased by the famil in DELHI. Now that all the sisters are married & thus ceased 2 b a part of the HUF. Can the brothers now divide the properties among themselves without giving anything 2 the sisters who r married & not a part of HUF or the sisters r entitled in the properties as legal heirs by way of succession?. None of the properties r in the name of any OF THE sisters.


Asked on 10/13/08, 5:07 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: HUF or SUCCESSION ?

During 1994-95, most of the States made local amendment to Hindu Succession Act giving equal share to daughters in HUF properties. Please check applicable law to your area.

If your father was in service, from where he got HUF assets? If properties were purchased by your father from his savings while in service, same may not be HUF properties.

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Answered on 10/13/08, 5:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: HUF or SUCCESSION ?

All the sisters are equally entitled to inherit alongwith the brothers. All the children of the deceased, alongwith their mother if she is alive, shall share equally. The sisters does not cease to be legal heir on their marriage. Even after death of any sister, her children are entitled to inherit in the property of maternal grandfather.

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Answered on 10/13/08, 7:01 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: HUF or SUCCESSION ?

no, its not possible after the amendment of hindu succession act. your sisters are also equally entitled to have the share of properties left by your father in case your father has died without leaving a will in favour of sons.

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Answered on 10/13/08, 7:07 am


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