Sec 6 hindu law
vinay khanna
(Querist) 02 June 2014
This query is : Resolved
My father converted his self acquired property to HUF only in income tax .Income tax returns are filed in HUF status. In governments land records the house property is in individual name.After my father had expired in 1968,three sisters had relinquished their share and the said house property was mutated in my name,my brother and in my mother name in government land records. My mother had made a registered in will in my favour of her 1/3rd share in the said house property.My first question is, Is this house property HUF or individual property since in government land records its in individual name and before also it was in my father individual name in government land records. My mother expired in 2007. Now my sisters under the new hindu law sec 6 want a share in the said house property. Can sisters claim share in the said house property and if my sisters accept my mothers will, can they still claim share in said house property.
Nadeem Qureshi
(Expert) 02 June 2014
Contact a lawyer personally in your area it will be better for you to know detail procedure.
ROHIT SHARMA
(Expert) 02 June 2014
Dear Mr. Vinay Khanna,
1. The govt record show that such house which stood exclusively in the name of your father before his demise in 1968 connoting that such house property was a self earned property of your father.
2. Subsequently, after his demise according to a family settlement deed your sisters have had relinquished their share in such house property ( which is not ancestral) in favor of their two brothers and their mother. Later an effect of such settlement was mutated in the govt records of such house property in the names of the two brothers and the mother excluding the names of the sisters.
3. It has to be understood though the property is shown in the I.T. record as H.U.F. property still the record of the govt do show that the property as of now stands in the name of the two brothers and the mother. The record of I.T. is subject to the tax laws and whereas the govt records show such house property as that as self acquired property of your father and which after his demise has been mutated in the names of the two brothers and the mother in light of the relinquishment deed made by the sisters.
4. Whereas the determination of such property as per the govt records as being ancestral is not founded. Hence after the settlement was done before 20th Dec, 2004 and considering that it was not an ancestral property then this case facts do not attract s. 6 of the H.S.Act, 1956.
5. The share of the mother in such property when devolved upon her after the demise of the father makes such property as of her own and not an ancestral belonging to the mother's parents and hence the exclusion of the names of the sisters ( i.e the mother's daughters) in Will made by her does not infringe any legal right of the sisters u/s 6 of the H.S.Act, 1956.
6. If need be for further clarification i will shall be able to attend such queries exclusively as on private legal consultation basis and not an open free digest forum.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-Mail : lawgate1349@gmail.com
Sankaranarayanan
(Expert) 02 June 2014
i do agree with experts , You consult local lawyer and act accordingly
Rajendra K Goyal
(Expert) 02 June 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Huf-408046.asp#.U4yUxChKqRQ
http://www.lawyersclubindia.com/experts/Hindu-law-332881.asp#.U4yVYShKqRQ
http://www.lawyersclubindia.com/experts/Is-it-huf-property-or-individual-property--414691.asp#.U4yVvShKqRQ
http://www.lawyersclubindia.com/experts/Is-it-individual-or-huf-asset--408231.asp#.U4yV5ShKqRQ
Raj Kumar Makkad
(Expert) 04 June 2014
What is the use to repeat a similar query again and again?
