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Indu (manager)     09 October 2010

How is HUF partitioned

Respected learned counsellors,

Please clarify for the following.

My mother's family consisted of her Father,mother,brother and unmarried sister.The brother had married and had adopted a son.

A) My mother's father expired leaving behind a WILL in which he made bequest to his wife, son and daughters.He also willed certain movable assets to his HUF making his son the Karta.The will was silent with respect to his share in HUF and also in respect to some properties held by him.The will was probated and assets transferred accordingly.Now my mother's brother and subsiquently her mother have expired.

What will be the share of my mother,her sister and her brothers wife and son in HUF? Can my mother demand a partition?

B) My mother's brother also had his HUF.He expired intestate leaving behind his wife,legally adopted son and his mother as immediate heir. My mother's mother has also expired .

What will the share of my mother and her unmarried sister in this HUF? Can my mother demand a partition?

There has been no partition of both HUF. Your views on this query are requested.

Regards

Indu

 



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 9 Replies

R.Ramachandran (Advocate)     09 October 2010

According to you there are 2 HUFs running.

(1) Consisting of your mother, her brother and sister, brother's wife and adopted son.   - In this only the surviving co-parcenars i.e. your brother's wife, his adopted son, your mother and your mother's sister would be entitled to equal share in the partition.

(2) A separate HUF of your mother's brother consisting of himself, his wife and adopted son.

In the second HUF only the adopted son and his mother (i.e. wife of the deceased brother) alone will get the share in the partition of the HUF.

 

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Indu (manager)     11 October 2010

Dear Sir,

Thanks for your reply .

Just have a few query:

2) In my mother's brother HUF ,after his death his wife ,son and mother became member of huf having 1/3 share. So after the death of mother will her share not go to her class 1 heir i.e her daughters and grand son in equal ratio of 1/9?

Secondly my mother's mother( Nani) had willed her share in her husband's HUf and son's HUF to me.Does this change the situation?

Is there any judgement of supreme court which clarifies how the share of members in HUF are determined after daughters were given equal right in 1995?

Thanks in advance for your reply

Regards

Indu

 

R.Ramachandran (Advocate)     12 October 2010

(1) In your mother's brother's HUF, the property will devolve only upon the surviving members of the HUF and there is no role/share whatsoever to anyone who is not in the HUF (i.e. after your mother's death, the property will not go by inheritence to her Class-I legal heirs, BUT will remain within the HUF.).  The story would have been completely different, if only your mother had sought partition from the HUF during her life time and had obtained her share.  In that event, after the demise of the mother, the property would go by way of inheritence to the Class-I heirs.

(2) In the HUF while the members of the HUF would be having an interest in the properties, no one will have any definite share in it.  It will be fluctuating. Therefore, no one has any right to dispose of the assumed share in the HUF to anybody - whether through WILL or through gift etc.    So according to me, the will left by your Nani in your favour in respect of any property of any HUF in which she was a member has no meaning and validity.

Indu (manager)     12 October 2010

Dear Sir,

Thanks for your reply.Just a small clarificationon your first reply.

(According to you there are 2 HUFs running.

(1) Consisting of your mother, her brother and sister, brother's wife and adopted son.   - In this only the surviving co-parcenars i.e. your brother's wife, his adopted son, your mother and your mother's sister would be entitled to equal share in the partition.)

1. In my mother's father Huf on his death his wife, two daughters and son became the member(will the sons wife also become the member,son's son(minor) who was  adopted after the HUF was formed will he also become a member).Now first his son and then his wife has expired.Does this mean that only the two daughters are now the members of HUF? What happens to share of son's wife and children? As per your above reply they are also members. Please clarify.

Also i would be grateful if someone can guide to book/some judgement which clarifies how HUF share is devolved.

 

Thanks in advance.

Regards

Indu

Indu (manager)     15 October 2010

Dear all,

Can you provide details of  any relevant previous Judgments available for this issue of HUF.

thanks

Indu

R.Ramachandran (Advocate)     15 October 2010

According to you your Mother's Father's HUF - had as members (Grandmother, Your mother, her sister and her brother).  Your uncle's wife and son will also automatically become the members of the HUF.

Thus, on the death of your grand mother and uncle, the surviving members of the HUF would be your mother, her sister, her brother's won and her brother's wife.

All of them have interest in the HUF and in case of partition of the HUF all of them will have equal share.

girishankar (manager)     13 November 2010

hmmm

R.Ramachandran (Advocate)     13 November 2010

Dear Mr. Girishankar,

Thanks for your considered view.  After receiving your valuable input, the querist would proceed.

girishankar (manager)     13 November 2010

Thank You Sir


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