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Sheena Ahuja   05 December 2022

Female huf karta

Hi
I want your help.
My husband was a director in a company that had a loan from a bank in 2011. The company was unable to pay the loan due to which the bank has done a case on the company in DRT for recovery of the loan amount.
My husband received a house that his father made as part of his father's will. His father died in 2020
Also I do not live with my husband due to matrimonial differences.
Now I want a share in the house but my husband says that he will need to transfer the house in his name before selling.
This will lead to complications as the bank will may try to attach the given property.

Our CA suggested that I make a HUF with I being the karta and my son and get the house transferred in the name of the HUF.
My husband is ok with this also as I can then give him a divorce.
My question is that

  1. can I be a karta of a HUF with my 10 year old daughter
  2. if the house was in the name of my late father in law now can it be transferred to a the HUF in my name.
  3. Can the bank object to or still claim the house if it is transferred to a HUF in my name.

Plz help

Sheena Ahuja



Learning

 6 Replies

satish.purushotham (service)     05 December 2022

Please,clarify,whether,your husband,is a director,in,Public limited company,or Private Ltd company,or a partnership firm.

kavksatyanarayana (subregistrar/supdt.(retired))     05 December 2022

You will not be a Karta of HUF in your case.

Real Soul.... (LEGAL)     06 December 2022

Since you are neither senior memeber or HUF nor a coparcerner  it is not posible legally to declare you karta .

You need to find other ways. It appears the matter reloves around transfer of property , bank loan and divorce ,if your divorce happened first your chances for transfer of property are vague; 

You need to file collusive suit for declaration and entitlie ment against your husband. The condition is that there should not be anyother sharhiolder ( i.e brotehr ,sister or mother who could claim share in the property ) and if there is any they should be willing to testify in your favour in teh court. you claim of etitlement will be admitted by your husband and to get decree, However there should not be any debt on the property, if bank is having claim over property then you have no options but to make settlement with them first.

Sudhir Kumar, Advocate (Advocate)     18 December 2022

whether company has borrowed money or your husband as a person borrowed money

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 December 2022

When a person dies only his children and mother, if alive,  are heirs to his property. Daughter-in-law will not be an heir. If and when the son dies in due course, the daughter-in-law, by virtue of she being the son's wife, becomes heir to her husbands property. After the death of the father, during the lifetime of his son (the husband), the son's wife will have no inheritance right on the property. If the son dies first and then his father, the son's widow will have no inheritence right over the property of her deceased father-in-law. 

satish.purushotham (service)     18 December 2022

Wife,doesn't have in husband's, or father in law's, property, if you,take divorce, you doesn't have, any right,over husband's and father in law's, property. Your children, will have,in their's father property, grandfather's property. 


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