Right in HUF property
Kalpna
(Querist) 29 June 2008
This query is : Resolved
Hi,
My father was the Karta of the HUF created by him and my brother has been the karta ever since my father's death for past 29 years. There was no HUF deed for the same. I was married before my father's death. Do i have any right in the properties of the HUF before my father died.? Also my brother ,after my father's death purchased a property in the name of the HUF of which he is the karta(The same HUF of my father which continued after his death). Do I have any right in this property as well as the properties which were part of the HUF before my father's death?
Kindly help and oblige.
R.S.Rajesh
(Expert) 01 July 2008
The HUF is matter of status than any written deed/contract. Hence, it need not necesserily be created by any deed and the eldest son becomes the Kartha/Yajaman of the joint Hindu family after the death of the father, governed by the Mistkshara school of law. The date/year of your marriage and the state you belong is the determining factor as to whether you get any share in the Joint Hindu Family Properties. As per the facts mentioned /furnished , You may get a share in respect of the properties inherited by your brother provided the properties were self acquired properties left behind by your father, under Section 8 of the Hindu Succession Act,1956.
Kalpna
(Querist) 01 July 2008
What about the properties of the HUF aquired by the HUF with my brother as the Karta.This was after my marriage and death of my father.We stay in Delhi.I got married in 1974 ,my father died in 1978 and the new property was bought in 1988 in the name of the HUF.Just to remind you that this is the same HUF started by my father and continued by my brother.
arunprakaash.m.
(Expert) 02 July 2008
You are eligible to your share in the coparcenary interest of your father in the HUF underexplanation given under the section 6 of the hindu succession act 1956.
also kindly refer new amendment under the same act 2005. before coming to conclusion
Kalpna
(Querist) 02 July 2008
Does this mean that i have a share in the new property of the HUF also, that was bought by my brother as karta in 1988 after my father's death.
Guest
(Expert) 03 July 2008
Is your mother alive and holding the coparcenary rights of your father.
If she is not there, then the HUF consisting of your brother, his wife, children is not same as that your father had earlier. It becomes a minor HUF.
Who are the other members of the HUF, only two of you.
In case you are the only two members(If mother is no more), then the HUF created by your father is no more in existence. What is existence if the HUF of your brother. In such a situation, you will not get any share in 1988 pruchase of property.
KamalNayanSaxena
(Expert) 03 July 2008
The general doctrine of Hindu Law is that property acquired by a karta or a coparcener with the aid or assistance of joint faintly assets- is impressed with the character of Joint family property. To put it differently, it is an essential feature of self-acquired property that it should have been acquired without assistance or aid of the joint family property. The test of self-acquisition by the karta or coparcener is that it should be without detriment to the ancestral estate.
Kalpna
(Querist) 05 July 2008
But I read the following information on the internet
"On 9th September 2005, the Hindu Succession Act, 1956 was amended to provide that
a daughter too could be a coparcener i.e. joint heir,like her brother to the joint family's assets and
she too could enforce the partition of the family property to claim her individual share.
"""""""She continues to be the coparcener in her father's HUF even after she gets married and forms another HUF with her husband.So gender bias has largely been taken out of the HUF laws.""""""""
Is this true????
If yes then is it not applicable for the property bought in 1988.(My mother expired in 1986)
Jithendra.H.J
(Expert) 08 July 2008
you are coparcener by birth, you have everyright to demand and get your share from the properties, whether your married in 1974 or 2004, there is no bar. marraige is not a bar to claim partiion!
KamalNayanSaxena
(Expert) 19 July 2008
Outside the limits of coparcenary there is a fringe of persons, male and females, who constitute an undivided or joint family. There is no limit to the number of persons who can compose it nor to their remoteness from the common ancestor and to their relationship with another. A joint Hindu family consists of persons lineally descended from a common ancestor and include their wives and unmarried daughters. The daughter, on marriage, ceases to be a member of her father's family and becomes a member of her husband's family. The joint Hindu family is thus a larger body consisting of a group of persons who are united by the tie of sapindaship arising by birth, marriage or adoption.
