Huf property succession query
Ramanujan Kumar
(Querist) 21 June 2012
This query is : Resolved
sir
I am 85 yrs old.I hold a vacant plot under HUF in my name.I reside in a house which is in the name of my son.My only son and 3 daughters are all married.Two of my dauhters got married before '94 and one after '94.Please answer,Will my daughters have a share in the said plot.I want only my son to inherit it.Can i make a will??If not,what's the way out.The age of my son is 40 and we live in Punjab.
Adv.R.P.Chugh
(Expert) 21 June 2012
Dear Mr.Kumar,
If the property belongs to the HUF, then daughters whether married before or after 94 have a birth right and can at any time seek a partition even during your lifetime.
If you want to somehow increase your son's share the best that you can do is to :-
a) Try and convince daughters to execute a registered relinquishment deed; or
b) To will away your share of the property to him so that the son has double the share, each daughter gets.
JANAK RAJ VATSA
(Expert) 22 June 2012
daughters whether married or single hav equal share in the property of their parents. you may will the property to your son but the will can be challenged in a court of law after your demise.
