Property Rights in Joint Family Property
property clat_ug beginner case_analysisAmit has been living in his paternal ancestral property with his family since 2010. However, after his father's death, his mother started selling off portions of the property without informing or consulting him. Amit claims he has a 50% share in the property and feels his mother's actions are illegal. The property documents mention that it belongs to his father's HUF but there's no clear mention of any partition or any division of the property between family members. Now Amit wants to know what legal remedy is available to him to stop his mother from selling off the property.
What can Amit do in this situation?
3 Comments
Property Rights in Joint Family Property: Ye topic bahut confused hota hai, lekin basic baat yeh hai ki under Hindu Law, joint family property mein har sasurali aur patni ke liye ek ek ka hukum hai. Unhone apni aurti ke dauraan kuch sambandhit property mein hak kaaran ke roop mein milta hai. Ye hak khud ko tab hi dikhaya ja sakta hai jab woh apne aurt ke pichhe chhat jati hai.
Bhai, property rights in joint family property ki baat kre to property law mein kai twists aur turns hote hain. Section 6 of Hindu Succession Act, 1956 ke mutabiq, coparcener ko apne coparcenary interest mein share milta hai. Lekin yeh to hamesha nahi hota hai, kuchh hisse apne hi coparcener se dene pade hote hain. Aur kuchh case mein, share ke liye court ka faisla hi lag sakta hai.
Bhai, property rights in joint family properties are governed by Hindu Succession Act. Under Section 6, a coparcener's interest is hereditary. But since 2005 amendment, daughters are also coparceners. Joint family property's partition is governed by principles of mitigation, partition by a decree, and sale of joint property as per Section 171 of the Code of Civil Procedure.