Legal Question in Real Estate Law in India

what is the reply?

WHENEVER A MALE HINDU MARRIES , Irrespective OF THE SOURCE OF HIS INCOME, A new HUF COMES INTO EXISTANCE which is difinitely distinct from the family of his own parents & brothers. The new family so formed remains undivided unless a formal division takes place in this new family..Then tell if the properties so acquired by the family r HUF properties or self- acquired properties of said hindu male?THe said properties were acquired by that male after breaking all relations from his parents /brothers.

Asked on 10/13/08, 5:53 am

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Re: what is the reply?

If property is acquired from HUF funds, then same would be HUF property.

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Answered on 10/14/08, 2:50 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: what is the reply?

The opening sentence is not correct. HUF does not come into existance automatically on marriage of a male Hindu. The property will belong to the person who acquired/purchased and who is recorded as owner.

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Answered on 10/13/08, 6:59 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: what is the reply?

by a mere fact that one of the coparceneres has married, the HUF would not come to an end or new HUF would not be formed unless the HUF has been partitioned and everyone out of that common fund has taken his or her share of interest. the property so divided would be self acquired if HUF is not constituted and if HUF is constituted after the partition, the same property would be considered joint.

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Answered on 10/13/08, 7:02 am

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