• Separation of Father from HUF - What happens to rights of minor son?

When the father of a minor child is separated from the grandfather's HUF by way of an Arbitration Award, what happens to the rights of the minor son? The Arbitration Award does not mention the minor son who was only 6 years old at the time. Does the minor son still remain a co-parcener of his grandfather's HUF or does he only belong to his father's HUF? Is it possible for the minor son to belong to both his separated father's HUF and his grandfather's HUF?
Asked 3 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

A Hindu Hindu coparcenory comprises of the Male ancestor and 3 generations below him which includes the son, grandson and great grandson 

Therefore the grandson continues to remain a coparcenor of the GF huf

The son can also  form a separate smaller HUF comprising of himself and his sons. However since the son (the father) got separated from the larger HUF, the share which he received in such arbitration award became his self acquired property in which his son (the son's son) will not have any right till the father is alive 

Yusuf Rampurawala
Advocate, Mumbai
7781 Answers
79 Consultations

Minor Grandson is part of grand father HUF 

 

he is also part of father HUF 

Ajay Sethi
Advocate, Mumbai
97779 Answers
7922 Consultations

Dear Client, 

The minor child will not be a co-parcener of his grandfathers HUF and only belongs to his father's HUF due to the arbitration award. It is not possible for the minor son to belong his separated fathers HUF and his grandfathers HUF.

Thank you

 

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

Coparcenary rights can be claimed out of father's share in the ancestral property and not directly from the grandfather. 

Thus if father has been separated from his father's HUF property then there's no question of the grandchild claiming any share out of that property. 

T Kalaiselvan
Advocate, Vellore
87981 Answers
2369 Consultations

The actual law is stated in my previous reply 

May be you did not read it or understood it 

A hindu coparcenory consists of the common Male ancestor and his lineal descendants upto 3 generations below him 

So that means a coparcenory is formed by the ancestor, his son, grandson and great grandson 

So if the son separates, that does not mean that the grandson also loses his right 

The grandson (regardless of him being a minor) and the great grandson continue to be coparcenors 

A son gets right in the coparcenory upon birth which can be taken away when there is an actual partition between all coparcenors in which each coparcenor gets his defined share 

Here only the son has separated. The GF, grandson and great grandson if any would therefore continue to be coparcenors as there is no partition among them. 

Yusuf Rampurawala
Advocate, Mumbai
7781 Answers
79 Consultations

As per the Hindu Succession Act, 1956, any individual who is born in an HUF, becomes a coparcener by birth.Section 6 of the Hindu Succession Act, 1956, deals with devolution of interest in coparcenery property,

 

2) a coparcener is the male member of the family who acquired their interest in the coparcenary property by birth. The eldest member of a HUF and the following three generations constitute a coparcenary under the Hindu Law. This means the list of coparceners in a coparcenary is made of the head of the family or Karta along with his sons, grandsons, and great-grandsons.

 

3)any coparcener in HUF can demand a partition of coparcenary property.

 

4) it is your case award dies not mention about minor grandson .hence opined that grandson has share 

Ajay Sethi
Advocate, Mumbai
97779 Answers
7922 Consultations

The law has been explained in the manner it has been interpreted by different advocates of this forum, if at all you want to have more specific information about this then you can consult a lawyer of this forum or outside in particular and get all such doubts and other issues clarified by fixing a consultation with the chosen lawyer on the terms of the law. 

T Kalaiselvan
Advocate, Vellore
87981 Answers
2369 Consultations

He is a part that is fathers son. HUF concept works on mitakshara law so he is entitled. 

Prashant Nayak
Advocate, Mumbai
33067 Answers
215 Consultations

Dear Client,

You can relate to the case of Vineeta Sharma vs Rakesh Sharma & Ors [CIVIL APPEAL NO. DIARY NO.32601 OF 2018] and the "Purasawakum Permanent Fund Ltd. case" [A.S.No.830 of 2009 and M.P.No.1 of 2009] for reference.

Thank you.

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer