Legal Question in Real Estate Law in India

Different opinion 2 the same problem--which is correct & why?

Our is a hindu family. Parents no more.Sisters r married. Brothers want division of the property.Sisters r no more coparceners of HUF, BEING MARRIED,.Is it correct 2 divide the assests of the Huf 2 which my father was Karta amongest the brothers Only without anything 4 the sisters?l.Different advises we r getting. some say the division is 2 b governed by succession law, while other say that the brothers r the only owners of the assessts of the said HUF as sisters r no members of the said HUF & BECAUSE a division of the assesst of Huf between MARRIED sisters & brothers not correct as the division of HUF Can only b done among COPARCENERS & Married sisters after marrige cease 2 b members of HUF of their Father's HUF. FATHER HAD not INHERETED ANY PROPERTY /ASSESTS FROM OUR GRANDFATHER.Which law will prevail over the other HUF or succession & WHY.

Asked on 10/13/08, 11:41 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Different opinion 2 the same problem--which is correct & why?

as u have already got diverse opinions, u may let the court decide ur case. till then put urself to rest instead posting different posts on the same issue.

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Answered on 10/16/08, 4:00 am

Shrichand Nahar S.V.Nahar, Advocate

Re: Different opinion 2 the same problem--which is correct & why?

Please specify the local amendment to Hindu Succession Act governing your area.

Hindu Succession Act has to be looked as on the date of death of your father, who as Karta/Manager. Under Hindu Law, there is deemed/notional partition on demise of your father. In case, on that date, sisters were entitled then they continue to be entitled.

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Answered on 10/14/08, 1:43 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Different opinion 2 the same problem--which is correct & why?

The concepts - HUF, Coparcenary and inheritance - are different.

The property in the hands of HUF may be ancestral or self - acquired. If the property is self-acquired by HUF, then only the members are entitled to share; But if the HUF has ancestral property, it has to be partitioned as per law of inheritance.

In your case, the issue involved seems to be about inheritance of the property of your father in the hands of HUF.

The daughters are entitled to inherit the share of their father. If the HUF is partitioned, the daughters will be entitled to inherit share of their father. The share thus determined will be different than ordinary course.

On partition of HUF, the members will get their share; and shall also inherit from the share of father; while inheriting father's share, the sisters cannot be ignored.

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Answered on 10/14/08, 7:20 am

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