Huf property matters

Querist : Anonymous (Querist) 28 January 2012 This query is : Resolved
If a person waive his right in huf property, can his son/ daughter can claim in that share of huf property again?

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Raj Kumar Makkad (Expert) 28 January 2012
No. if father had relinquished his share by his act and conduct, his son cannot claim any share in that property though the same might be of HUF.

Devajyoti Barman (Expert) 28 January 2012
The legal heirs of a inheritant are bound by the acts of their predecessor in interest.

adv. rajeev ( rajoo ) (Expert) 29 January 2012
It requires regd., deed

R.Ramachandran (Expert) 29 January 2012
Dear Mr. Makkad and Mr. Barman,
All of us know that by birth, a person gets a right to the share in an HUF.
Therefore, how can anybody else extinguish that right by relinquishing his share? At best, what he might have relinquished is HIS individual share in the HUF and not that of other co-parcenars who are his sons/daughters.
THE MAIN QUESTION THAT ARISES FOR CONSIDERATION HERE IS WHETHER THE FATHER HAD RELINQUISHED HIS INTERESTS BEFORE GETTING MARRIED, OR AFTER GETTING MARRIED? IF IT IS AFTER GETTING MARRIED, WHETHER BEFORE GETTING AN OFF-SPRING OR AFTER GETTING AN OFF-SPRING.

prabhakar singh (Expert) 29 January 2012
That is what I was about to right which Mr. Ramachandran has already opined.Other experts miss to stress the word 'HUF'in query,questioner has made it a little tricky there.

Sailesh Kumar Shah (Expert) 29 January 2012
Agree with views of Mr. R.Ramachandran.

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