Huf - distribution among heirs
Dhirender Wadhwa
(Querist) 17 January 2013
This query is : Resolved
My father had started an HUF with him as karta, our monther as co-parcener and 2 sons as members.
We are 3 brothers and one sister.
One brother and one sister were left out at that time...
My father has some agricultural land, one house and a bank account in the name of HUF.
Can I and my sister claim a part in the HUF property as we are also the legal heirs of our father, but not a member/part of HUF.
H.M.Patnaik
(Expert) 17 January 2013
HUF is a juridical person in itself and can be created involving co-parceners as well as lineal descedants as per Hindu Law. The choice of membership of the HUF lies with the KARTA only and he is free to take in any eligible person as member of the HUF.
Besides, your father is free to deal with his self-acquired property in whatsoever manner , he likes. In this background of the matter,in my opinion, your claim for a share in the HUF property does have any merit.
Raj Kumar Makkad
(Expert) 17 January 2013
You and your sister have legally no claim against the properties of the HUF of which you are not part and rest depends upon your father as he is Karta and can disallow you if he wishes to do so.
