my claim in my fathers huf
Querist :
Anonymous
(Querist) 01 April 2011
This query is : Resolved
dear sir,
my father died in 1983 with a registered will,
in his will he had stated that his huf be divided into equal shares between his four sons and did not give any share to his daughters
he stated that since we are married in well off families we have no share,
now the problem is there are four high value properties in my fathers huf's name
and my brothers do not want to give us any share , my mothers is willing to give us share but my brothers say that she has only right to maintainance in the property and hence she cannot will the property to us, also my brothers say that she(my mother) can claim a share in the property only if the seperation takes place till the time she is alive
i would like to take your expert opinion
for
1> my share
2> my mothers share in the said huf
R.Ramachandran
(Expert) 01 April 2011
If it is an HUF, and if you are a member of the HUF, then you and your mother are definitely entitled for equal share. Your father cannot dispose of the HUF property by way of WILL in any one's favour.
However, your father could have definitely, given away in WILL his share in the HUF property.
You and your mother have to file a suit for partition of the HUF property. The matter will get solved.
bhagwat patil
(Expert) 01 April 2011
If after 1983 the record of rights contain your name as per will. your share is intact. while lifetime your mother she can dispose her share as anyway as it is treated as SHRIDHAN.
Querist :
Anonymous
(Querist) 01 April 2011
dear r.ramachandran sir,
how do i know if i am a member of the huf?
my dad in his will had mentioned that he had 1/6th share in the HUF which he has given to four of his sons in equal shares,
and also directed that his huf be dived in four equal parts for his four sons
i am assuming that 4 brothers had 1/6th share each and
1/6th is a question mark as it is not explained in the will ?
kindly help
Querist :
Anonymous
(Querist) 01 April 2011
dear bhagwat patil sir,
no where in the will had my dad given me any share in any of his or his HUF property
and i got to know from my family CA that the 7/12th extract does not contain my name it was tranffered from my grandfather assets to my father's huf via will of 1983 and in 1998 it was transferred in names of my four brothers and my mother
sir about the second part does that mean that my mother cannot by will give her share in the property if the seperation does not take place till the time she is alive ?
my dad in his will had mentioned that he had 1/6th share in the HUF which he has given to four of his sons in equal shares,
and also directed that his huf be dived in four equal parts for his four sons
i am assuming that 4 brothers had 1/6th share each and
1/6th is a question mark
Dayananda Gowda
(Expert) 02 April 2011
First of all you are not stated that, the property is self acquired property of your father or ancestral properties.
If the property is self acquired property of your father, the will stands and you have no right to claim partition.
If the property is ancestral. Your father has no right to execute any will in respect of ancestral property. you may challenge the will and also claim a share on the same
Querist :
Anonymous
(Querist) 02 April 2011
dear sir,
the said property was self earned property of my grand father which was by will given to my father's huf
