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mukesh jain (advocate)     01 March 2018

Daughters rights in fathers huf property

huf consisting of father ,mother ,two sons and three daughters existed in 1942.

all properties were inherited by way of registered deed of family settlement in 1940.

father and mother expired in 1945.

at the time of death of parents only one brother was major and other four childrens were minors.

elder brother became karta of joint family property and fathers HUF.

properties in mumbai were managed by the eldest brother / karta till 1995, karta died in 1995.

second brother died in 2013.

two sisters died before 2010.

presently only the youngest daughter is alive as on 2018.she is 85 years old .

joint family property has not been partition till date.

property card bears the name of the eldest brother who was karta and major in the family.

 

two questions:

q1.what are the present rights of the youngest daughter viv a vis the legal heirs of his brothers and sisters.?

q2. can she demand for partition of the properties left by her father in 1945?

q3. can she become the karta of her fathers HUF existing till date.and partition all the properties?

q4..what will be her share/ratio in all the properties and share of other members of brothers family and sisters family?/

 

manav

 

 

 



Learning

 3 Replies

TGK REDDI   02 March 2018

The sons and daughters of the two sons and the three sisters are also entitled to the property.

Kishor Mehta (CEO)     02 March 2018

All the five children of the parents are equal partners in the HUF properties, hence the surviving daughter is entitled to 1/5th share. Children of the next generation will share equally in their respective parents' shares. She can continue as karta. The HUF can be dissolved with consent of all co-parceners.
1 Like

mukesh jain (advocate)     02 March 2018

Thanks kishore sir..

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