Right of son on father's huf property
rocky
(Querist) 05 March 2012
This query is : Resolved
hello experts.... My father is a self made man and has made all his properties from his self earned money....our family consists of my brother, my father, my mother and myself... All my fathers properties are in the name of his name HUF....ie Ram Naresh HUF...now over a period of time we brothers are not in good relations..my father is more inclined towards my brother.... So i feel that he wants to give all his property to my brother...am i entitled to my share in the property or is it his wish to giv the property to whoever he wants... another ques is that if i m entitled to my share then whats the procedure to claim it instantly
Nadeem Qureshi
(Expert) 05 March 2012
Dear Rocky
as per your query, the properties are self acquired and he has all rights in the property to sell, gift, or transfer by any means to anyone one one can stop him.
Deepak Nair
(Expert) 05 March 2012
Nadeem is right.
Your father has every right to transfer his property to any body as he desires, as the same is his self acquired property.
V R SHROFF
(Expert) 05 March 2012
You have no right. u can't do anything.
Anirudh
(Expert) 05 March 2012
I think all the experts who have answered have not understood the complete import of the facts and the query.
The querist says that all the properties are in the name of Ram Naresh HUF. Without knowing who are the members of the said HUF, the answer is being given.
I do not think any of the experts have ever thought what would be the position in case the querist being the son also happens to be one of the members of the HUF? In that case can't he ask for partition? In that case whether the father can do whatever that he wants?
Adv.R.P.Chugh
(Expert) 05 March 2012
Well it appears from the facts that the father though earned the property himself by own efforts and funds - has thrown the property in the hotch potch of HUF the common stock by way of blending. It becomes HUF property, and it would be burden of father to prove that the same was not meant to be that (extremely hard). Since it becomes property of HUF - the coparcenors can ask for a partition.
rocky
(Querist) 05 March 2012
Respected experts. Thanks 4 ur suggestions. ..i m sure the properties are in the name of ram naresh huf:-o.....now if it says huf with my fathers name in registeries then how do i find out if i am a coparcenor....my family consists of my father in whose name the registeries are, my mother, my brother n me.....also will my mother also be a coparcenor? Little confused here.... Please throw some light. ...thanks
sanjeev murthy desai
(Expert) 06 March 2012
Dear Mr. Rocky this is not a copercenary property hence copercenary laws are does not applies to your case. If the all the documents recorded in father name then how did u find out that this property is HUF property. In my view you can sue for partition and you may be not succeed.
Guest
(Expert) 06 March 2012
Your father has the absolute right to dispose of his self earned property in any manner he like.
If you believe your father is a self made man, better you may also try to be a self made man, rather than keeping eye on your father's property.
prabhakar singh
(Expert) 12 March 2012
Experts are divided in opinon because you have not put facts correctly and neately:
My answer to your query is as follows:
If properties are bought in name of an entity called HUF of which you have proof, you do have a share as per formation of the HUF.
BUT
In case you can not prove existence of HUF and properties stand in name of your father then your father is free to deal them as he wishes and you can restrain him by any right.
AND
Coparcenary is entirely different thing and does not apply to facts of your case
