huf property
kk
(Querist) 22 December 2008
This query is : Resolved
A man created an HUF forty five years ago consisting of himself his wife and two sons.he puts his house under huf.twentyfive years ago that man died leaving behind wife and two sons.
can wife give her share of property in huf to only one son.
because after fathers death it was oraly decieded that both sons will get 50% share.But know after the death of mother younger son with whom mother was staying at the time of death says that house will be divided in three share and he will take two shares and elder son will get one.as this his mother wanted and gave him in writting that her share younger son will get.
Is this thing legal.will the elder son has to go with one third share.
Manish Singh
(Expert) 22 December 2008
if you have the proper will, then you shall get two shares one of which will be of your mothers'.
Prashant Kumar Jha
(Expert) 23 December 2008
if the will written by his mother will be found genuine then the elder brother will get one third share
J K Agrawal
(Expert) 23 December 2008
HUF ? What do you mean? do you mean 'Coparcenery'? It can not be created. It exists by virtue of provisions of law. A female member is never a coparcener. It consists of only male members. so creation of so called "Hindu Undivided Family" is not recognised by any law (apart from income tax law. Generally coparcenery itself is known as HUF which can not be created by persons but it is a status, given to male members of 4 degree of a Hindu.
I think so called HUF is not a body to which property can be transfered so the property of the deceased shall be devolve as per provisions of Hindu Law. The creation of so called HUF and transfer of property to it is of no use.
Will shall be regulated subject to provisions of Hindu law and as per Indian Succession Act
kk
(Querist) 24 December 2008
sir it was a legal HUF consisting of man his wife and two sons.when man died huf was still existing with two sons and mother.Now the question is that mother is member or copasner of this HUF.
kk
(Querist) 24 December 2008
This query is still open
Manish Singh
(Expert) 24 December 2008
Dear Mr. KK,
Look, after death of your father the elder brother became the karta but still since now you are partitioning the property, the status of HUF has been lost and the property shall be divided under the Hindu laws. so you shall get two shares.
