Querist :
Anonymous
(Querist) 09 December 2021
This query is : Resolved
Male `M` is married to a female `F` and has a HUF property which was created in 1977 (referred to as `HUF1` henceforth). He has two sons `A` and `B`. Both are married on 200x. F expired in 2018. `M` got remarried to `S` in 2019. So the marriage is a valid marriage. 1. Does `S` become part of the existing `HUF1` (which was created in 1977 with `F`)? 2. Do wives of `A` and `B` become members of `HUF1`? 3. Do minor children of `A` and `B` (grandsons of `M`) become coparceners of the HUF1. 4. During the partition of HUF1, who gets the shares (`M`, `A`, `B`, grandsons of `M`, wives of `A` and `B`, and `S`)
This discussion clarifies whether a second wife, her children, and the wives and minor children of the original owner's sons become members of an existing HUF property. The consensus is that the second wife and the wives and minor children of the sons are indeed included as members and coparceners. However, the specifics of share distribution during partition remain unclear due to incomplete information.
Dr J C Vashista
(Expert) 10 December 2021
1. Does `S` become part of the existing `HUF1` (which was created in 1977 with `F`)? Yes 2. Do wives of `A` and `B` become members of `HUF1`? Yes 3. Do minor children of `A` and `B` (grandsons of `M`) become coparceners of the HUF1. Yes 4. During the partition of HUF1, who gets the shares (`M`, `A`, `B`, grandsons of `M`, wives of `A` and `B`, and `S`) Vague and incomplete information. Is it a real story for examination or moot ?
Dr J C Vashista
(Expert) 10 December 2021
1. Does `S` become part of the existing `HUF1` (which was created in 1977 with `F`)? Yes 2. Do wives of `A` and `B` become members of `HUF1`? Yes 3. Do minor children of `A` and `B` (grandsons of `M`) become coparceners of the HUF1. Yes 4. During the partition of HUF1, who gets the shares (`M`, `A`, `B`, grandsons of `M`, wives of `A` and `B`, and `S`) Vague and incomplete information. Is it a real story for examination or moot ?
Dr J C Vashista
(Expert) 10 December 2021
1. Does `S` become part of the existing `HUF1` (which was created in 1977 with `F`)? Yes 2. Do wives of `A` and `B` become members of `HUF1`? Yes 3. Do minor children of `A` and `B` (grandsons of `M`) become coparceners of the HUF1. Yes 4. During the partition of HUF1, who gets the shares (`M`, `A`, `B`, grandsons of `M`, wives of `A` and `B`, and `S`) Vague and incomplete information. Is it a real story for examination or moot ?
Dr J C Vashista
(Expert) 10 December 2021
1. Does `S` become part of the existing `HUF1` (which was created in 1977 with `F`)? Yes 2. Do wives of `A` and `B` become members of `HUF1`? Yes 3. Do minor children of `A` and `B` (grandsons of `M`) become coparceners of the HUF1. Yes 4. During the partition of HUF1, who gets the shares (`M`, `A`, `B`, grandsons of `M`, wives of `A` and `B`, and `S`) Vague and incomplete information. Is it a real story for examination or moot ?
kavksatyanarayana
(Expert) 10 December 2021
A senior learned expert has given the most proper reply and agrees with the same.
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