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Raj Agrawal (Owner)     24 June 2012

Huf property

Hello Team,

I want to know that my father purchased a house in the year 2000, the total cost of house was 4.71 lacs out of which he took a sum of 1.51 lacs from my mother to purchase the same as he was not having enough money at that time to buy the same. My mother gave the above payment through cheques (3 cheques of 51, 50 & 50) to the house seller directly, (and the same is also shown/written in the registry papers), and the rest amount was given my  father. The houseproperty is registered in my father's name.

Here i want to know that what legal status do my mother have in the said property.

Also in the above case only my father (not mother) had given the same house property as a guarantee against a loan, to the bank in the year 2008, and now the person who took the loan from the bank is not paying the money to the bank and bank is taking action on the mortgage property and also on the property that has been given as guarantee by my father.

So just want to know what should my mother do to save her share in the property and also the property is shown under HUF income tax file from the date of its registry.(since year 2000') .

Please suggest what best can be done as my mother is a senior citizen and do not have any other dwelling house for her.



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 June 2012

 

In case a Hindu receives property from his father and has only a wife and daughters in his family, then the property received by such a Hindu from his father is father's individual property. Such Hindu will be receiving the property as a legal heir of the father and the rules of succession as prescribed under Hindu Succession Act, 1956, will apply.

In case the property is received from father's HUF, then it can form part of HUF of such Hindu.

But the share of the father in the HUF, upon his death, can go to his legal heirs, which will be their individual property , if the father has left behind him any female relative or a male relative claiming through such female relative , as in Class I of the schedule to the Act.

S Jadhav 98336 98330 (Jadhav & Associates)     25 June 2012

Dear Mr. Raj,

If the flat was in the name of your father alone, then she is not a part owner. Also, if she was also a part owner, then the bank would have also asked for her signatures when the property was given as a guarantee.

If the property was registered as a HUF property, then it will not be registered in your father's name but in the name of the HUF and he may be shown as the karta.

Please provide proper details or a copy of the documents.

Also, please remember that it is better to gift away something than stand a guarantee as in adverse conditions this will affect you badly.

S Jadhav


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