LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kriti (student)     01 February 2010

HUF

In an HUF, can a daughter-in-law claim her share in the property or in the name of her child even if the karta doesnt want them to be part of it?

AND

Can she claim share in the property on behalf her husband who is now deceased? She has been living away with her parents for 7 years now after the death of her husband.

Please reply : it is of utmost importance to our family.

 

 



Learning

 5 Replies

sunil mittal (owner)     03 February 2010

SHE CAN CLAIM   THE SHARE  OF HIS LATE HUSBAND FROM HUF, IF SHE IS LAWFUL SUCESSOR OF HER HUSBAND

Kriti (student)     03 February 2010

Sir,

what defines a legal successor?

as a matter of tradition, every wife is but here she has been living away with her parents  just after 15 days of her husband's death till date with no communication from her in-laws.

Do u mean to say the will of the deceased?

sunil mittal (owner)     04 February 2010

SHE CAN CLAIM HER HUSBAND'S SHARE FROM HUF UP TO THE PERIOD OF HIS DEATH. BUT SHE / KIDS CAN NOT BE A MEMBER OF HUF.

REG LEGAL SUCESSOR MEANS THEY HAVE DOCUMENTED PROOF OF THEIR MARRIAGE OR "WILL" OF HUSBAND . I  WOULD LIKE TO ADVICE YOU THAT SHE CAN CONTACT TO SOME LOCAL LAWYER HE WILL SUITABLY  SUGGEST  ACCORDING TO  DOCS AND FACT  AVAILABLE .

Kriti (student)     04 February 2010

Ok,..that the wife in the name of her husband can claim share in HUF but not in the name of the child.

Can she file for partition herself?

And what about the self acuired property of the deceased father. Can she claim the same in it too?

Thanks

sunil mittal (owner)     04 February 2010

HUF can be parted / desolve  by Karta only so she can not file for any partition of HUF .

Self acquired property on individual  basis  is always on the descreation of  acquirer . in her case if her father in law has acquire any property personally she will have no right on it  ,  But  If HUF acquired any property ( before her husband died)  it will be dividable among members .

In one case, if her father in law dies  without left any WILL in writing her son will be natural claiment ( grand son) in his all property including HUF Share.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register