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Daughter (None)     12 December 2010

Son's right on Mother's HUF property

Dear Sir/Madam,

Does my son have a right on my HUF property?

The said HUF property was between me, my brother, my mother and my father. My father has passed away in 2003.

Based on the 2005 amendment, do I (married in 1970) get equal rights to the property? If I need to religquish my share in the HUF to my brother- do I need my son's approval also (he is an adult) since it is an ancestral property that was gotten by my grand-father i.e. my son's materal great grand-father?

Is there a possibility that tomorrow, he can file a suit in court if I do not take his consent?

Regards,

Mother



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     12 December 2010

No, you do not have to take the consent of your son to relinquish your share in your parent's property. Your son is not  the member of the joint family of your parents. He has no right in the property in his own capacity during  your lifetime. So if you choose to relinquish your share, you are free to do so.


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