Question for rajkumarji or anyone else.
Jayesh Shah
(Querist) 02 February 2012
This query is : Resolved
Sorry about that Rajkumarji.
I am asking again with my identity and more details.
Who will gets how much share?
A property (land+house) purchased in 1985 in a small town in Maharashtra with the following share ratio:
Grandfather HUF - 40%, Father HUF (30%), Uncle HUF(30%)
1. Grandfather passed away in 2008 leaving Grandmother and two sons (my father and uncle) as survivor. No daughter.
2. My father(alive) has one male child(me) and one female child both unmarried and over 21 years of age. Mother is alive.
3. My uncle(alive) has two female children both married and no male child. Aunt is alive. His elder daughter married in 2002 and has a son. His younger daughter married in 2007 and also has a son.
Since all the children are adults and we all want to have family seperation from joint property and not have any more HUF.
What will be the share of each living member as individual in this joint property?
1. Grandmother
2. Father
3. Mother
4. Uncle
5. Aunt
6. Myself Male
7. My sister
8. Older cousin sister and her son
9. Younger cousin sister and her son
Please note that the house is only 1000 sq ft and in very bad condition and not liveable and so may not have any value in the kaccha construction. The land is 10000 sq ft with road on three sides and can be actually divided easily giving everyone access to road.
Raj Kumar Makkad
(Expert) 02 February 2012
I presume that the house is contructed over this land of 10,000 sq. feet so my reply is as under:
1. Grandmother-1333 Sq. feet
2. Father -2083 Sq. Feet
3. Mother-750 Sq. Feet
4. Uncle-2084 Sq. Feet
5. Aunt- 750 Sq. Feet
6. Yourself Male- 750 Sq. feet
7. Your Sister- 750 Sq. Feet
8. Older Cousin sister- 750 Sq. Feet
9. Younger cousin sister- 750 Sq. feet
Anirudh
(Expert) 02 February 2012
According to you, there are three HUFs - all owning the said 10000 Sq.ft in the ratio of 40%, 30%, 30%.
Since the property is in Maharashtra, even the females (wife) are entitled to a share. (Only under Benaras, Mithila and Bombay (Maharashtra) Schools the females members are entitled to a share. In the Dravidian school the wifes are not entitled to any share.)
When the grand father died, then his 4000 sq. ft. would go to the remaining coparceners viz., grandmother, your father and uncle. Each one will get 1333 sq.ft. (grand mother 1334).
The portion of 1333 got by your father and uncle will get added to their respective HUFs and make their HUF share as 4333 sq. ft. each.
This 4333 has to be divided equally between the members of the HUF.
Since there are 4 coparceners in each HUF - each one will get around 1083 Sq.ft.
Since the share got by each of the females be treated as their personal property (unlike the share got by the males - because they will hold it as coparenery property with relation to their male decendants) the sons of the cousin sisters do not have any right to a share.
Jayesh Shah
(Querist) 02 February 2012
Thank you Rajkumarji and Anirudhaji.
Your answers differ slightly. It took me a while to understand both the calculations.
1. As per Rajkumarji's calculations you have first distributed my father's and uncles share of 3000 sq ft each within the 4 coparcners of the two HUF namely my father's and my uncle's HUF. Once that is done where everyone got 750sqft, you have added the share received from my grandfather making my father's share = 750+1333 = 2083 and similarly my uncle's share as 2084.
2. As per Anirudhji's calculations, first the breakup of my grandfather's 4000 sqft into three coparceners thus making my father's huf and uncle huf receive 1333 sq ft each making it a total of 4333 in the HUF. Then this is further divided into 4 coparceners in each of these HUF each getting 4333/4 = 1083 sq ft.
I respect both your answer and opinion but now which one should we use since the sq ft allocated varies for everyone except my grandmother in both the answers.
Your clarification will help.
J K Agrawal
(Expert) 03 February 2012
Dear Mr Jayesh Shah
When a property is purchased by HUF it is not possible to allocate share as 40%:30%:30%. The share in HUF is always fluctuating and not fixed as you stated.
So first make it clear that the Property is not purchased by a HUF but Jointly purchased by 3 independent persons in ratio of 40:30:30.This property should be treated as self acquired property of three persons.
Now One person (Grand Father) died intestate.
His property shall devolve 1/3 to Grand mother, 1/3 to Father and 1/3 to uncle.
If the other family members want to further divide the property it will devolve as under
In your fathers share, you your sister and your father each has 1/3 share and your mother has no share. same way in property of your uncle your aunt has no share and remaining three each shares 1/3.
Be careful that your father and uncle are not bound to divide there 30 and 30 percent share as the property comes under definition of self acquired property of them.
This division is in case you are governed by Mitakshara Law. If you are subject to any other system as specified by Mr Aniruddh, the share may be different.
