Whether children and husband of married daughter are membe
Madhu Mittal
(Querist) 22 January 2021
This query is : Resolved
Whether children and husband of married daughter are members/ coparceners in huf of daughter’s father
Whether children and husband of married daughter are members/ coparceners in huf of daughter’s father after amendment (2005) in Hindu law 1956 and recently a decision of Hon’ble three judge bench of Supreme Court, Vineeta_Sharma_vs_Rakesh_Sharma_on_11_August,_2020 ?
I also sought the said guidance at https://www.lawyersclubindia.com/forum/details.asp?mod_id=14166&offset=2 about three months ago, but no guidance is given by anyone, so today I also sought the said guidelines at above thread, but It could not be submitted and reason was shown,
“Sorry your reply has been already posted. Please wait for someone else to reply first.”
So please guide,
With due respect to every expert sir, it is not a theoretical question paper, My father in law had an Huf, after his demise, My Husband became Karta, now He wants to take loans against shares Kept in Huf of My Father in law, the bank is asking the name of coparceners/members of Huf.
Guest
(Expert) 22 January 2021
If Banks requires the details it could be provided to them.
Madhu Mittal
(Querist) 22 January 2021
Respected Sir,
Please let me know whether children of daughter and husband should be shown as coparceners/member of Father Huf or only daughter should be shown alongwith son, son's wife, son's son as coparcener ? please guide.
In another word, there is a Huf named KCM Huf, Karta being KCM
and ncm(son), mm(daughter in law) , jm( son’s son), pm (son’s son ) and married daughter (pg) as coparceners/members ,
after the death of Karta, KCM, his son, ncm became Karta , now Ncm as Karta and
mm(daughter in law) , jm( son’s son), pm (son’s son ) and married daughter (pg) as coparceners/members . Now
after amendment (2005) in Hindu law 1956 and recently a decision of Hon’ble three judge bench of Supreme Court, Vineeta_Sharma_vs_Rakesh_Sharma_on_11_August,_2020 ?
Whether daughter (pg)’s children and her husband become coparceners/members of KCM Huf ?
Please guide,
Guest
(Expert) 23 January 2021
If Your intention is to get the Loan from the Bank Just Provide the details required by them.
Advocate Bhartesh goyal
(Expert) 23 January 2021
No, daughter's husband and children can not be considered as coparcners/member of KCM HUF as per law.
J K Agrawal
(Expert) 24 January 2021
Resp Goyal Sahib. I have humble opinion that by 2005 amendment (1) the daughters also treated as sons and (2) the rule of survivorship abolished. It means that the property will be devolved only and only as per S. 8, that is to say in class 1 hairs.
As per class 1, son of a pre-deceased daughter; daughter of a pre-deceased daughter are entitle but not husband of daughter.
Here I would like to add one more comment that the daughters are made coparceners only for purpose of succession (or to seek partition as a son) but it does not meant to change the coparcenary system.
IN fact when the system of inheritance by survivorship abolished then it remains no significance of coparcenary rules.
K Rajasekharan
(Expert) 24 January 2021
In coparcenary property only sons up to three generations were originally eligible. Since 2005 the daughters have also eligible to get the share in the property by an amendment of the law.
But as per the judgement you cited in your query, the daughters have become eligible to get their share not from 2005 onwards but from the day of her birth itself.
Advocate Bhartesh goyal
(Expert) 24 January 2021
It is correct that daughters has been also eligible to get share in property but here in query, " queriest asked whether daughter's husband and children become coparcener/member " and I opened " No."
Madhu Mittal
(Querist) 25 January 2021
Respected Sirs,
Thanks for attending my query and guide me in general to all and Special Thanks for Sh. Bhartesh ji goyal for guiding to the point, what is required.
Thanks with regard
