Daughter right in huf property
shilpa gujar
(Querist) 27 September 2014
This query is : Resolved
my father expired on 5/9/2014. He made his property under the head of huf. i am his daughter and i am divorcee and also living with my parents from 14 yrs.
After my father's death my brother is said that all propety and fds are in huf name so u will not get any share in this property. is it true?
My father had not done any will but he had made my mother and my brother 50;50 nomiee in assets. Then i want to know can i demand my share in property and fds? because he is not giving he (brother) is saying its under huf then u will not get;only male child will get
Anirudh
(Expert) 27 September 2014
Dear Shilpa,
1. You say that your father had made all the property and FDs in the HUF. What proof you have got to say this? Whether your father was income-tax payee and he has shown these properties as HUF?
2. You also say that your father has made your mother and brother 50:50 nominees in assets. What do you mean by this? In which document he has shown them as 50:50 nominees.
Whether it is HUF property or your father's self-acquired property, in case your father has not left any will or otherwise disposed of the property by way of gift etc., to anybody, then you have a right to a share in the properties and moneys. Your brother is quite wrong.
If you can give the answer to points 1 and 2 above, then further answer can be given.
Dr J C Vashista
(Expert) 27 September 2014
Very well advised by expert Sh. Anirudh, I fully agree and appreciate.
Your brother's version is wrong and you can demand your share in ancestral property as well as your deceased father's self-acquired intestate (without a will) properties.
malipeddi jaggarao
(Expert) 27 September 2014
I also fully agree with expert Mr.Anirudh. Unless you answer to the points raised by him, no proper answer can be given to you.
Rajendra K Goyal
(Expert) 27 September 2014
If your father has not left any will, you have share in the property. Agree with the expert Anirudh.
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
You may answer the queries raised by expert if you want proper opinion to your query. In any case, in my opinion you have a right and father's intestate properties.
shilpa gujar
(Querist) 02 October 2014
my father had made all this property. by birth he had not got anything. He was a tax payee by huf heading and he has shown this propety as huf. No my brother had not shown me any document by orally he is saying that its huf property so this will get only to oldest male son. And not daughters as u and my sisters are married. and in fds his and my mother name he as nominee.so no share in that also..
i want to ask what is the meaning of nominee. if he is nomiee then others will not get anyshare is it true. As i said my father had not made any will. how he get all this because my mother has this right na.
T. Kalaiselvan, Advocate
(Expert) 02 October 2014
since you are not confirmed about the HUF status of the property left behind intestate by your father, let us presume it to be the intestate properties, in that case as a legal heir you have a right for a legitimate share in your father's self acquired intestate property. Making this stand you may file a partition suit in which you include the FDs also as schedule of properties and also file an application in the suit for restraining your mother or brother from disposing any of the property before disposal of the suit. Consult a lawyer and proceed accordingly.
shilpa gujar
(Querist) 03 October 2014
what is this mitakshara and coparcenary . is it applicable in my case. my brother is saying this and i am not understanding.
Dr J C Vashista
(Expert) 03 October 2014
You have already been advised very well by the experts.
Stretching the thread on fake and vague questions, consult local lawyer and proceed in a professional manner.
