Share in HUF
sushil bhatt
(Querist) 08 December 2009
This query is : Resolved
My greater grandfather established a business under HUF. He has one son, who has one daughter (My mother) and a son. Now my mother had relinquished her share/ rights in the business/ properties of HUF in favour of my Uncle (brother of my mother) without my consent, which I came to know later.
My query is that whether I can sue my mother/ uncle as I have not given my consent for such relinquishment?
Adv Archana Deshmukh
(Expert) 08 December 2009
No. Your mother have every right to relinquish her share/ rights in the business/ properties of HUF in favour of your Uncle. Till she is alive, her share in her paternal property is her absolute property and she can dispose it in any manner she likes. Your consent is not at all required.
Raj Kumar Makkad
(Expert) 08 December 2009
You have no say in the matter. You are not the part of HUF of your maternal side so your mother had done A PER HER SWEET WILL WHICH REQUIRES NO SUGGESTION/OPINION/CONSENT OF YOU.
Khaleel Ahmed Mohammed
(Expert) 08 December 2009
As per hindu law your mother also equal share holder to the property left by her father. It is ancestral property for mother and you also . Without your consent she can not relinquished her share in favor of your maternal uncle.
you are advised hereby file a civil suit against your mother and your maternal uncle.Let the court will decide the matter.
joyce
(Expert) 08 December 2009
I agree with Khaleel.
Vineet
(Expert) 08 December 2009
When did your mother relinquish her right in the HUF property. Prior to 2005 amendment, she was entitled to share in your grandfather's share in the HUF property and thus prior to 2005 amendment she could alone relinquish her right in the said share.
However, post 2005 story is different. Now your mother is coparcener in the HUF property and by that logic, you also become coparcener in HUF property. Your mother individually cannot relinquish your family tree's right in the joint stock of HUF. I agree with Mr Khaleel on this issue and advise to file civil suit against your mother and maternal uncle.
niranjan
(Expert) 08 December 2009
I also think on the line of mr. khaleelji.
Adv Archana Deshmukh
(Expert) 08 December 2009
With due respect to Khaleel sir, a property from mother's side is not an ancestral property. A person has no share in his own capacity in his mother's paternal property till she is alive. After her death he can claim her share as her heir.
A V Vishal
(Expert) 09 December 2009
Kudos to Archana you have got the point rightly.
Vineet
(Expert) 09 December 2009
With due respect to Archana, the definition of ancestral should not be restricted to paternal lineage only as the law now has given female members of the family coparcenary rights which hitherto were being denied.
A V Vishal
(Expert) 09 December 2009
According to the amending Act of 2005, in a Joint Hindu Family governed by the mitakshara Law, the daughter of a coparcener shall, also by birth become a coparcener in her own right in the same manner as the son heir. She shall have the same rights in the coparcenary property as she would have had if she had been a son. She shall be subject to the same liabilities and disabilities in respect of the said coparcenary property as that of a son and any reference to a Hindu mitakshara coparencer shall be deemed to include a reference to a daughter. But this provision shall not apply to a daughter married before the commencement of the Hindu Succession (Amendment) Act of 2005.
This provision shall not affect or invalidate any disposition or alienation including partition or testamentary disposition of property which had taken place before 20th December, 2004.Further any property to which female Hindu becomes entitled by virtue of above provision shall be held by her with the incidents of coparcenary ownership and shall be regarded, as property capable of being disposed of by her by will and other testamentary disposition. The provision was also made that where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act of 2005, his interest in the property of a Joint Hindu Family governed by the Mitakshara Law, shall devolve by testamentary or intestate succession under the Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place.
Vineet
(Expert) 09 December 2009
Is there any restriction on daughters married before amendment from getting coparcenary rights in HUF property??
Khaleel Ahmed Mohammed
(Expert) 10 December 2009
Dear Archana,
For mother it is ancestral property. The subject of the property in the quarry is not purchased or earned by her own.
Adv Archana Deshmukh
(Expert) 10 December 2009
Definately Sir, FOR THE MOTHER it is an ancestral property, but it is not an ancestral property for her sons. Property through a female heir is not an ancestral property. Sons are not the part of HUF of their maternal side. Sons can inherit mother's share only after her death and they do not have any seperate share in their own capacity during the lifetime of their mother.
Vineet
(Expert) 10 December 2009
Wasn't it the situation prior to amendment as daughter herself was not member of parental HUF post her marriage and could get share in parent's property as class 1 successor only.
However, now she is a coparcener equivalent to other male members of the family. Then why not her children become member of the HUF in which their mother is coparcener.
Khaleel Ahmed Mohammed
(Expert) 12 December 2009
Dear Archana,
My point is the property is ancestral property for his mother. No hindu allowed to relinquish the rights over the ancestral property or he or she cannot sale the same without the consent of his or her successors. Just I have advised to approach court. Let the court will decide the matter.
Adv Archana Deshmukh
(Expert) 12 December 2009
Dear Khaleel sir,
I just gave my opinion in view of the concept of ancestral property and S.14 of HSA which says that the property acquired by a hindu female by inheritance or otherwise in any manner is her absolute property.
