mothers share
Querist :
Anonymous
(Querist) 02 March 2011
This query is : Resolved
Dear Sir,
My grandfather had two properties in his name. By his will he willed the same to
my fathers HUF. My father died in 1983 & willed the same to us 4 brothers. In
his will he has not given any share to my mother.
Dear sir,
My grandfather by will gave his property to his son’s huf only(my father’s huf)
by will . my father in his will mentioned that “ I bequeth my share in assets of
huf in equal share to my four sons” he specifically mentioned all the huf
properties he had and directed them to be divided equally amongst four sons but
didn’t mention the name of the property in question however in the index of
properties it showed that he had 1/6th share in the property in question .he
further mentioned that
“besides the above, as to whatever property or effects of mine be there at
present or which I may herein after create or happen to be there in any
circumstances and to which I may have right, title or share or to which I may be
entiteled, the mention whereof and the disposition where of might have been left
out to be made in this my will, I direct the said entire property and effects
shall be give to my four sons”
“ I further direct the executors and trustees of this my will to distribute the
residue og my estate to my four sons”
Now the question is
a> can my mother claim share in the property even though her name was not
mentioned in the will?
b> can we deny my mother her share(because as per her will, she wants to give
all her property to only two of her sons) since the property was not self
aquired property of my father netiher her?
c> Also can she will the same property as per her wish (Effective after her
death)
R.Ramachandran
(Expert) 03 March 2011
Dear Anonymous,
Please indicate who are the members of the HUF that your father set up.
Querist :
Anonymous
(Querist) 03 March 2011
there is no mention about the members of huf in any document ...(but i was wondering whether my mom becomes the member by default as i read in books the huf consist of father, mother,male childrens and unmarried daughters)
but we want the huf be divided only amongst the four sons without mother
R.Ramachandran
(Expert) 03 March 2011
You cannot exclude your mother from her rightful share from the HUF.
Guest
(Expert) 03 March 2011
Mother cannot be excluded arbitrarily out of the domain of HUF. The will can become invalid. Other matters, as mentioned by you can arise only if your mother is able to get her due share.
