Legal Question in Real Estate Law in India

Division of HUF property

ours is HUF with 3 brothers and mother, father expired long back. The property is self earned by our parents and have been (on papers only) divided into 4 portions i.e., 1/4th sahre to each brother and 1/4th share to mother.

Now the eldest brother wants it to be divided into only 3 portions and not 4. Can mother refuse to do so, if so what legal measures can be taken. the property is not ancestral but self acquired, if she refuses to even give 1/4th share what remedy does the son have? pls guide the legal implications and solution


Asked on 6/02/08, 6:48 am

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

Re: Division of HUF property

If a partition has already been recorded and one share came in the name of your mother, then unless your mother agree, her share can not be taken away.

You can challenge earlier partition, subject to limitation.

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Answered on 6/02/08, 7:12 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Division of HUF property

It depands on the consent of your mother if she abides then her share cannot be taken away in case of partition if it is recorded.

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Answered on 6/02/08, 9:48 am


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