A woman and her children have the right to seek prohibition against alienation or disposal of properties belonging to a Hindu undivided family (HUF) even when their estranged husband/father and in-laws/grandparents are alive, the Delhi high court has ruled.
The children by birth acquire an independent right of ownership in coparcenary [joint inheritance] property and as a consequence of such an ownership, the possession and enjoyment of the property is common, the court said, setting at rest a prolonged controversy over the rights of a Hindu wife and her children over an ancestral HUF estate.
If the respondents (in-laws/grandparents and father/husband) do not lead the evidence rebutting the claim made by joint inheritors, a court cannot penalise the plaintiffs by dismissing their lawsuit.
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