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Huf partition

Milind (Engineer) (94 Points)

09 April 2017

An HUF exists whose member are husband, wife, son(unmarried) and daughter(married).

When the husband/Karta dies and in his will he has bequeathed his portion in HUF to his daughter.

Now after 2/3 years of the death of the karta the daughter asks for partition -(her share in huf) as a coparcenery from the son(who has become the karta) will she get

- Only 25% of the HUF i.e only her share immediately and later when the HUF is dissolved the 25% (the bequeathed portion of her dad OR

- will she get her share (25%) AND also the bequeathed share of her father (the previous karta ) so total 50% IMMEDIATELY

My query is when does he receive the bequeathed share of her dad if she asks for partition before dissolution of the HUF

Thanks

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3 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160317 Points)
Replied 10 April 2017

" When the husband/Karta dies and in his will he has bequeathed his portion in HUF to his daughter." The will is Null & Void.

In HUF, there is no rights as individual, but as member. All the assets of HUF are combined property of existing co-parceners/members. Only at the time of dissolution of HUF the family members get shares as per Hindu Succession Act, 1956.

" My query is when does he receive the bequeathed share of her dad if she asks for partition before dissolution of the HUF"

She can get only her share (33%) or more if decided by family (mutual) settlement, at the time of dissolution of the HUF.

Milind (Engineer) (94 Points)
Replied 20 April 2017

Thanks..for the reply.

So it means (just to reclarify)

- Only if HUF dissolution is done before the father dies can he with mutual agreement with other members give his portion of the HUF to daughter.

- In case the father dies..he ceases to be member of HUF...so even if he mentions it in the will to give his portion to daughter it is NOT VALID.and only 3 members will have share during dissolution of HUF.(post death of father)