Joint family property
JC Rao
(Querist) 16 March 2016
This query is : Resolved
Hi Sir,
My Mother have Joint Family Property in Name of Her Grand Father (RS) & Uncle (HK) at HYD Telangana...
(RS) have 5 Sons BR, SR, SG, RG, HK & 1 Daughter KB.
RS Expired without any WILL made by Him
His 4 Son & 1 Daughter Expired....
BR Expired not Made any Will, Wife of BR also Expired, 3 Daughter VL, GJ, RR & 1 RV Son of BR.
SR Expired not Made any Will, 2 Daughter & 1 Son (Expire)
SG Present but not Married (Karta)
RG Not Married (Expired), But made WILL in Name of VL Daughter of BR...
HK Expired, Wife Expired, 3 Son & 1 Daughter, But Made WILL in Name of VL Daughter of BR,
KB Daughter of RR Expired not made any WILL..
1.) At Present also Property is in Name of RR & HK & SG (KARTA) Can HK as Made WILL in Name of VL Daughter of BR, Can HK Children Claim for Property ??
2.) Can my mother VL Daughter of BR can Claim for Property,Can Sell the Property, Can Make any WILL or GIFT the Property ??
3.) What will be the Share of VL in Property..
Guest
(Expert) 04 April 2016
I believe your matter comes in provision of Hindu Succession Act 1956 , Mitakshara HUF family
In Hindu Succesion act 1956 Andra Pradesh did amendment in 1986 and applicable to you. In 2005 Parliament did amendment and thus similar provision is applicable all over india.
1) This Mitakshara (HUF) system first you need to understand
2) Every Boy and Girl born in HUF become Coparcerner . Every coparcerner whose next generation boy and girl to become coparcerner . So everyone born in HUF becomes Coparcerner of HUF
3) Head of Family is called Karta
4) Whether name is inserted on record or not , everyone in HUF have right on property , all coparcerner .
5) HK children became coparcerner of HUF bir birth. So certainly they have right. Now HK individual right can be given by Will as per 2005 amendment to some one else. But HK children are coparcerner since birth so still they have their own right
6) VL is already coparcerner question does not arise to claim she got birth right . VL can make will and give property to her legal heir or some one in family.
7) IF HUF property is to be sold then first HUF member has right to purchase , If their is price dispute , price has to be determined by court. You can not sell to outsider of HUF
8) If you want to sell to outsider then you have to do partition of HUF and make your share separate under Provision of Partition Act
Guest
(Expert) 04 April 2016
What will be share of VL in property this will need more individual work drawing tree then determining it. Sorry too personal query , you only work out.
I believe every person should have copy of Hindu Law . So he don't make mistake and understand fundamentals of it
http://www.professionalbooks.in/
Click on this link and purchase Hindu Law (It contains 5 law) , see what are personal law . In this Personal law read Hindu Succession Act.
Cost is less than 50. May be even flipkart /amazon can give Professional book
After all when you say you are Hindu. At least once in life read few pages what Parliament have made Hindu law for us.
