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Aks   08 July 2018

Huf related

Father formed  his HUF in 2002 with his wife as Member and Only Son as coparcener.  After father's death in 2003, Son was made karta. 

Do the married daughter in this case have rights over HUF property of father ? (Note that the father died before 2005 Hindu Succession act amendment.)

 



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 11 Replies

Dr J C Vashista (Advocate)     08 July 2018

In case the property involved is inherited the daughter has a share irrespective of the fact that father died in 2002 i.e., before Hindu Succession (Amendment) Act, 2005.

R.Ramachandran (Advocate)     08 July 2018

Please indicate you belong to which State.  The answer to your query will depend upon that.

G.L.N. Prasad (Retired employee.)     08 July 2018

It is very difficult to provide answers unless the details are fully informed, as HUF /Hindu inheritance is a complicated subject and depends on many factors.  On single issue, there may be different perceptions.    It is always better to consult a local advocate.

Aks   08 July 2018

More Facts: (1) Father received  a part of his father's inheritence and that money he formed his HUF in 2002 making himself KARTA and mother as Member and Only Son as CoParcener.  After father's death, Son became Karta in 2003.  Both Father and Mother are dead now.

(2) Daughter was married  when this HUF was started.  She was married with a BIG dowry.

(3) Because the Supreme Court clarified that the daughter and Father BOTH must be alive on or after Sept08, 2005 ...and only then, daughters will have rights to father's ancestral property.  In other words,   Amendment is not applied RETROSPECTIVELY.  It only applies after Sept08,2005.

My question is : Do you think married daughter has any right on this HUF ? She was never a coparcener or a member.

P. Venu (Advocate)     08 July 2018

There cannot be a definite suggestion unless all the facts are disclosed.

G.L.N. Prasad (Retired employee.)     08 July 2018

Don' blame the forum or experts, the Hindu law and several further decisions are complicated and most confusing . 

Aks   08 July 2018

Thanks to friends who tried. I have resolved this question with a top Supreme Court Lawyers. Here is the Summary:

(1) If father died before 09/09/2005 and no partition suit is pending, the daughter has NO RIGHT to fathers ancestral property.

(2) In order for daughter to have a right in father's ancestral property, BOTH the father and the daughter must be alive on 09/09/2005.

The famous case ,PHULWATI Vs PRAKASH (supreme court) sets the precedence in this matter. 

 

1 Like

R.Ramachandran (Advocate)     08 July 2018

ALL THE BESTS.

Kumar Doab (FIN)     08 July 2018

The top Lawyer approached by you is to mind your interest.

G.L.N. Prasad (Retired employee.)     08 July 2018

Aks,

It is so great of you to share your experience with others.

Those who receive guidance never report back and report developments.

You have not only reported back, and tried to help those who need such kind of assistance in future.

This is a good gesture for the community.

 

Aks   12 July 2018

Thank you, Mr Prasad. 

I am indebted to this forum as in my struggle with Axis Bank for 2 years to get my father's Estate bank accounts, this forum gave me insights,understanding and valuable advice. I have succeeded in getting most of those accounts after a long fight with AxisBank.

This forum is providing great service to NRIs like me who are unfamiliar with local laws and regulations and afraid of corrupt officials.  Thanks again for all the help and advice. I wish my native motherland peace and progress. Vande Mataram.

 


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