Rights of non-parcner siblings & coparcners wife in huf property
Dhirender Wadhwa
(Querist) 11 July 2014
This query is : Resolved
Our HUF is owner of a property gifted by my father (karta). Also, income is generated in HUF through advisory/ other business by me and my brother.
Kindly help us on the matter as counsel seems confused on matter related to huf...
1. do the wifes of me and my brother (both co-parceners) have any right on the income or property of huf
2. the new law (in process) giving right to wife in husband property . if it comes in force does it contain anything related to such huf.
2. we have a sister (married) and brothers, whose names were not included in the huf deed created in april 2013. do they have any right on huf, when no contribution is made by them.
Devajyoti Barman
(Expert) 11 July 2014
1. Yes, as per their share.
2.Wife has share in HUF automatically by operation of law even if the law is not amended.
3.No
Dhirender Wadhwa
(Querist) 11 July 2014
Thanks barman ji..
just to clarify..
1 & 2. You said they have right
Q. names of both wifes (mine & brother) are not mentioned in the HUF. We were married when huf was formed by father. do they still have right if the huf is in continuation
3. You said no..
Q. is it no for brothers also (whose names were not included)
Thanks again for valued advice
Devajyoti Barman
(Expert) 11 July 2014
1. No if their name is not mentioned.
2.yes
Kishor Mehta
(Expert) 12 July 2014
Sir,
[1] Wives are not co-parceners of your HUF, wives derive their respective rights through their husbands.
[2] Co-parcenership depends on the deed of HUF.
Good Luck,
Kishor Mehta
Dr J C Vashista
(Expert) 12 July 2014
Your wife and your brothers wife derive their right through both of you since the ladies are not co-parceners, however, they have no independent right on the income or property of huf
2.The new law giving right to wife in husband property is yet to see light of the day. However, if it comes in force it would be a matter of consideration at that stage only regarding such huf, which cannot be predicted.
2.The sister and brothers, whose names were included or ommitted in the huf deed, are coparceners (by birth in the family) and they have a right on huf, even when no contribution is made by them.
Raj Kumar Makkad
(Expert) 12 July 2014
I firmly stand with the opinion provided by expert J C Vashista.
T. Kalaiselvan, Advocate 
(Expert) 13 July 2014
I agree to the views and opinions of expert Mr. Kishore Mehta on the subject issue. In a HUF, the wives of brothers do not become coparceners until and unless they contribute to the HUF property which has not happened in your case, so it is clear that they are not coparceners.
Your second question: The new law has not come into force, so do not worry about its effects so soon.
About the sisters and brothers name being not included in the HUF deed, it has to be seen that why it was not included and then only a opinion to their right to share in the HUF can be properly opined about.
Dhirender Wadhwa
(Querist) 13 July 2014
very thanks to all the experts for their opinions. it has always been educative here..
though two different opinions have come forward in co-parcership of brothers...
our case.
- huf formed in 2013
- father (karta) and 3 co-parceners added in deed.
- one brother (now nri-poi =person of indian origin) and one sister (married) were added in the deed.
-karta and 2 co-parcerners contribute in the income/ property of huf.
Q. kindly give case based opinion - what are rights of nri brother & married sister (not included in deed) in huf
T. Kalaiselvan, Advocate
(Expert) 14 July 2014
The brother and sister included in the HUF now will become members of HUF and have rights in the property as coparceners, the deed of HUF may be revisited.
Raj Kumar Makkad
(Expert) 14 July 2014
You should not be confused by the divergent opinions of the experts. Almost all experts are unanimous on he main points.
