Legal Question in Real Estate Law in India

Ur reply was not clear -----kindly elucidate

Whenever a hindu male marries a Huf comes into existence .Husband & the wife BECOME members/coparceners of this newely formed LEGAL ENTITY known as HUF.ThenSONS & DAUGHTERS R BORN. These children naturally become members/coparceners of this HUF.The propery acquired by this HUF become HUF property. Daughters cease to b members/coparceners of this HUF After their marriages. Now advise if a division(after the death of parents) takes place in this HUF WILL THE DAUGHTERS HAVE ANY SHARE IN THE ABOVE MENTIONED PROPERTY OF THE HUF being EX-MEMBERS of this HUF?.This problem is my family problem these days.I don't understand as 2 how the succession laws come into play in favour of daughters when the property can b easily DIVIDED under HUF laws? WHETHER HUF LAWS R OF NO USE NOW IN GOVERNING SUCH ISSUES.My father had NOT acquired any assests from his ancestors.

Asked on 10/14/08, 12:56 pm

3 Answers from Attorneys

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

Re: Ur reply was not clear -----kindly elucidate

You are starting with a wholly wrong notion. I fail to understand the basis of your statement : " whenever a hindu male marries a HUF comes into existence". It is an incorrect statement.

Please clear your fundamentals first before stating your problem. You are under a wrong impression about HUF laws but unfortunately you are not willing to understand because you probably want to hear what suits you and not what is the legal position in India.

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Answered on 10/14/08, 11:48 pm

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Ur reply was not clear -----kindly elucidate

the HUF is not automatically formed once marriage takes place. the properties of father are self acquired and not HUF. he is free to will them either to his son, daughter or donate them. but if the father dies intestate i.e. without leave a will, the daughters are equally entitled to the share in the property EVEN IF THEY ARE MARRIED. as per the amendment in HIndu Succession Act, the females are not left to suffer and be deprived of their own property.

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Answered on 10/16/08, 3:47 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Ur reply was not clear -----kindly elucidate

HUF come into existence on marriage.

Husband and wife are members. But wife is not a coparcener.

HUF is not a legal entity.

Sons and daughters will be coparceners under amended law.

HUF property is HUF property and no question of it becoming HUF property.

Daughters continue to be coparceners even after marriage under amended law.

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Answered on 10/15/08, 4:09 am

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