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tejas   05 December 2015

Huf share transfer 2 sons


I need guidance in following case. 

A father (KARTA) has died. Now in his WILL he has mentioned that all moveable/non moveable properties will be transfered to wife and after her death to elder son. 

Now the i have a query here about HUF and share transfer regarding it. Is concent of both sons required to transfer share to NEW karta the older son or just presenting the detah certificate it will do. Please provied me guidance regarding this.



 6 Replies

Rajiv Thakur   06 December 2015

Hi there, My question is, is this property is ancestral or private property generated by ex kartas own effort? Is will registered with alteast two witnesses? If property is ancestral than such will (even if its "registered one") is of no use. Property wud be divided equally among 3 member. But condition is vice versa if property is private. In such case it could be chalanged only if will is unregistered. Burden to proove wud be over clamaint.

GANDHI MOHAN BHARATI (Pensioner)     06 December 2015

HUF property cannot be willed away; only Self earned property can. Division of HUF property and creation of new HUFs in the hands of recipients will automatically make each son Karta of his new HUF. Division of propert between members of HUF is different between that of Co-parceners and that of members. Consult a good Advocate. If Old HUF is to be continued, usually the eldest son is the Karta; Howevever aa agreement to that effect will be helpful

tejas   06 December 2015

Thanks for your Guidance Sir. Gandhi Mohan Bharati and Rajiv Thakur. However, I am still unsure about the distribution of Share among the two sons. What law will be applicapable and is out to two sons the younger son entiteled the share. The issue here is that the younger son is creating a dispute, wherein the father did not will to give him property. 

What is the solution to transfer HUF shares to elder son without the consent of younger one.


T. Kalaiselvan, Advocate (Advocate)     13 December 2015

A coparcener can seek partition and separate possession of his share in the HUF properties. Once partition done the HUF will be dissolved.  You as a coparcener is entitled for a rightful share in the HUF property, so you can give a notice to your other brother seeking partition, if he does not agrees, you can approach court with a partition suit. 

GANDHI MOHAN BHARATI (Pensioner)     14 December 2015

I must add that Income Tax Act does not recognise Partial partition. A total partition is needed. Kindly follow advice of Mr.T.Kalaiselvan. On total partititon you can be Karta of your own HUF.

KISHAN DUTT KALASKAR (Advocate)     21 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.


With regards,

Legal Expert

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