• Huf property

I am oldest son in my father's HUF living with wife and 2 kids ( a son and a dughter both unmarried) . I have younger sister married living with husband and 2 unmarried kids. After demise of my father, my sister is asking for share in properties in my father's HUF. I would like to know

a) What share of property is she entitled to in my fathers HUF?

B) Being older son do i automatically become karta in my father's HUF?

C) Can i lease property of HUF to my cousin brother to take care of and to avoid partition of the same?

d) how can i save joint family property?
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

1. Your sister is entitled to equal share in your father's HUF, as per the amendment to the Hindu Succession Act, 1956 in 2005.

2.  Being older son, you can't become Karta in your father's HUF automatically, since your sister is also a coparcener as per amendment to the Hindu Succession Act, 1956 in 2005.

3. Since daughters are also coparceners on par with sons for the property, you can't take independent decision to lease the HUF property to your cousin.

4.  Daughters are also entitled to equal share in the HUF property on par with their brothers. However, voluntarily sister can execute a registered Release Deed relinquishing her individual share in favour of her brother. By this way, you can retain the property as sole owner of the property.

Shashidhar S. Sastry
Advocate, Bangalore
5447 Answers
330 Consultations

on father demise you would be karta of HUF 

 

2) obtain consent of other coparceners for lease of property 

 

3)arrive at an amicable settlement with your sister 

Ajay Sethi
Advocate, Mumbai
97435 Answers
7872 Consultations

a. your sister is entitled to equal share in the father's HUF pursuant to amendment of s.6 of the Hindu Succession Act on 9.9.2005

b. generally the eldest son becomes the karta but that is not necessary in every case

c. you can do that but with the concurrence of all the coparcenors of the HUF

d. what is to be saved? who is destroying it in the first place?

Yusuf Rampurawala
Advocate, Mumbai
7741 Answers
79 Consultations

1. By Legal Default, Eldest Son becomes Karta of HUF on demise of original Karta.

2. HUF property CANNOT be dissolved without consent of "ALL" HUF members. Further one individual member CANNOT demand any share in HUF property.

3. Based on majority decision in a duly recorded HUF meeting resolution, Karta is entitled to Lease /Rent out the HUF property, for the overall benefit /interest of HUF. 

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

In the HUF property, you and your sister and any other children of your deceased father are coparceners.

Therefore your sister is entitled to a legitimate share in the HUF properties as a right.

If your mother is living then and you are only two children to succeed the HUF properties after your deceased father, then the properties shall be divided into three shares, you shall be entitled to one such share besides your sister and your father's share in the HUF property shall again be divided into three shares in which your mother shall be entitled to one such share along with you and your sibling.  

No doubt the HUF will be dissolved after the partition of HUF properties is effected among the shareholders. 

a) Your sister being a coparcener is entitled to an equal share at par with you in the HUF property.

b) If the property is partitioned then the HUF will be dissolved automatically.

c) you are not the absolute owner of the entire property, if your sister is seeking partition and separate possession of her share in the property then you cannot lease out the property.

d) Once there is a dispute about the share in the property through the claim made by your sister, it would not be possible for you to enjoy the entire proeprty by yourself and you cannot deny or deprive your sister's rights in the property, therefore better you enter into an compromise settlement with her and have an amicable partition instead of having stretched legal battles by which you will stand losing your money, energy and time  because the ultimate result would be that the court will pass a judgment making her entitled to a legitimate share in the proeprty as per law. 

T Kalaiselvan
Advocate, Vellore
87637 Answers
2352 Consultations

1. She will be a Coparcener and will have equal share. 

2. Not necessarily as now woman can also be karta

3. Yes only with everyone's consent

Prashant Nayak
Advocate, Mumbai
32812 Answers
209 Consultations

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