Share In HUF property
ajay
(Querist) 26 June 2011
This query is : Resolved
My Father started an huf after he threw his self aquired property into common hotchpotch. At that time he had a wife , 3 married daughters, 1 unmarried son(me). When he died, in 1979 he left a wife, 3 married daughters, 1 unmarried son. He died without a will. When my mother died in 1990 i had got married and had 2 sons. She also died interstate. Now matter is in court and how will the proerpty be divided as my father died before the amendment of 2005 so my sisters wont get a share equal to me.
R.Ramachandran
(Expert) 26 June 2011
Assuming that you belong to Benaras, Mithila and Bombay School (and not Madras (Dravidian) School), from the fact situation given by you, ultimately you will get 1/2 share; while your three sisters put together will get 1/2 share. Each one of your sister will get 1/6th share.
adv. rajeev ( rajoo )
(Expert) 27 June 2011
Property of your deceased will be distributed equally amongst you, your mother, your 3 married sisters and 1 unmarried. Each will get 1/6th share equally. 2005 amendment is not applicable to your case.
prabhakar singh
(Expert) 27 June 2011
''My Father started an huf after he threw his self aquired property into common hotchpotch.''
he 'Father' died, in 1979.'without a will'
'he left a wife, 3 married daughters, 1 unmarried son.'
my mother died ''intestate''in 1990
i had got married and had 2 sons.'
answer
''so u admit an h.u.f. consisting of your Father,mother,3 married sisters and of your self.''
so h.u.f.consisted of 6 members as per your
own statement,hence i ignore the factum that your sisters were 'married'at the time
your Father created an h.u.f.including them,for 'creation' is different than a natural one.
so being ,if the case, your Father had 1/6 in the h.u.f. he created,and as no partition took place before20/12/2004,this1/6 goes to you 5 as 1/30,and as your mother died in 1990 having left1/6 plus1/30,has devolved upon you 4.
and if you mean h.u.f.created between you and your Father alone then your Fathers' l/2 has stood devolved upon you, your mother ,your three sisters as he died, in 1979,.and since mother died in 1990,so her1/10 stood devolved upon you and your three sisters.
i am not seeing any 'creation'of coparcenary here on facts stated by you and
even if any coparcenary is presumed the devolution remains the same in my view.
and if you mean h.u.f.created among you and Father and your mother then your Fathers' l/3has stood devolved upon you, your mother ,your three sisters as he died, in 1979,.and since mother died in 1990,so her1/3plus1/15 stood devolved upon you and your three sisters.
ajay
(Querist) 27 June 2011
Thanks for the reply experts.
Mr. Prabhakar, thank you for the detailed answer but i just want to know, my sisters cant be the coparceners as they were married, so they would only be entitled a share from my fathers share. Also would my sons get there individual share or they would get it from my share. please explain
Nagesh Rudrakanthwar
(Expert) 27 June 2011
Even though your sisters are married they are equally entitle for the share in his fathers property. your son is entitle from your HUF share.
