How does one identify a HUF Property
Wing Commander Shaleen Airon
(Querist) 13 March 2016
This query is : Resolved
My recently deceased father has two wives - one illegitimate (Islam conversion) , the other undivorced Hindu lady (my mother).
He has mentioned two houses as 'Self Acquired' and willed one each to both wives.
However, he's always maintained verbally that our home is HUF. In that case, his son from second marriage also has a share in it.
What are the criteria for a house being HUF? isn't his "Will' proof enough that it was self acquired. Does income-tax returns have a role ? It could have been declared HUF just to escape tax.
Also, it was constructed long after my grandfather's death - can it beconsidered ancestral property?
Or his classification of properties as 'Self Acquired' in his will be considered final?
Thanks in advance.
Adv. Yogen Kakade
(Expert) 14 March 2016
It is very easy to discover whether the properties are self acquired or ancestral through getting the old records from the revenue department of the city where the properties are located..
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Rajendra K Goyal
(Expert) 15 March 2016
If the property is self acquired, he has right to will it in favor of any person as he wish and the will is valid till declared otherwise by the court.
