Property division in hindus

With limited understanding from the post in query;

The exact date/month/year of creation of HUFby throwing the property in common/joint pool may have to be pleaded.

Thanks for reply sir,

Exact date of creation of the HUF by throughing the property into common/Joint pool is 01/07/1974 by the father and he died in 1998. Family is Hindu undivided family governed by Mitakshara School of law.

Will this property be a now treated as copersonery properties and divided under seciton 6 of the Hindu Succession Act 1956 since father died in 1998 , will daughter have any rights in these properties.

There is no will from father since properties were thrown into the joint pool. 

Regards,

Blending is a power given only to coparceners.  Since females are not coparceners, a female member of a joint family cannot blend her individual property with HUF property.  However, such an act shall be considered as a gift and it shall become property of the HUF. Only male can be a coparcener.  This is changed now after 1-9-2005 daughters are coparceners like sons.(Refer Mallesappa vs. Desai (AIR (1961) SC 1298) and Pushpa Devi vs. CIT 91977) 109 ITR 730(SC). After 1-9-2005 daughter, being a comparcener can blend her individual property into the HUF.

First establishing blending with the property rests on circumstances and it should be established.

If a father dies intestate and if the property stands undivided (not registered)  daughters have equal share.

Prasad Sir,

You are right that it has to be establised that the property was blaned with HUF. But I am not clear about your second point if it is establised than why the share will be given to daughter if father died before 2005 amendment act. 

Notional partition of such property will happen by operation of law considring that such partition took place before death. All the coparsoners of the family who was only mail as per 1956 act will get their individual share and it becomes their individual properties even if father died intestate. Any  way he can not write a will if it was joint family property because his son gets the rights by birth. He can write a will only for his share in the joint family property. 

Now the daughter who was married even before 1994 was not a part of joint family when father died. Can such daugher claim their shares in such properties. 

As Rama Chary sir has said that daughter can not claim share. Is that than correct?

Thanks and Regards,

Sandeep  

What was the status of the property as on date is important.  If their individual division with co parcenors is recorded in Registration prior to the cut off date  there is no question of daughters coming into the picture.  But if that property was not divided as on date, daughers have a claim.

I have seen Judgments where in daughters secured share in ancestol  property though they were married to prior 1964 as that subject property was not divided after father's intestate  death.

Let an expert clarify the position, as the law is confusing to common man.

Yes there was lot of confusion but now it has been finally clarified by Supreme Court in his judgement  Prakash Vs Phulavathi & others. So why we need the division of the property.

In this case there was a division within the family but it was not through the way of registration. It was only on the records of Municipal Corporation and Katha was transfered. In Hindus division use to happen in this way in families.

Below is the para from Prakash Vs Phulavathi & others judgement:  

" Accordingly, we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law pplicable prior to the said date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation"

Partition can be oral and as back as in 1998 mutation was done in Revenue records.  There is 12 years limitation period for seeking partition and depending on knowledge of such partition to minors.  I personally feel that you are under umbrella of protection by means of possession and as the issue is barred by limitation.  You can not take any step now, except resisting and defending your rights.  The other party has to prove the possession, pay Court fee on market value, establish that the case is within limitation.

Rama Chary/Prasad Sir,

Sorry for late reply and I am really thankful to you for your time. It is the self admission of the plaintiff who filed a case that her father has possessed several joint family properties during his life time. Her Father after purchasing these properties constructed a residential houses in the schedule properties out of the joint family income with assistance of joint family members and that he was looking after the schedule properties as a kartha of a HUF. After the death of her father on 01/03/1998, as a coparcener she is enttled to her share in the property .

This is being the case of plaintiff as mentioned in plaint it was her fathers property blended with HUF, As a defandent to the case I do not have to now prove that whether it was a joint family property or not because it is mentioned in the plaint.

I am looking for any supreme court or High court judgement which says that the self-acquired property once blended with HUF becomes the HUF property and the share in such property is devolved by section 6 of the Hindu Succession act not by section 8. Can you please help me and let me know if there is any such clear cut judgement on this matter? I will be thankful to you. This will help me to prove in the court

Thanks and Regards

 Sandeep Gupta