HUF rights of a married daughter
My father left a property & lot of investments in name of his HUF. He did not mention anything in his will regarding HUF estate. Do married daughter has right in the so called HUF estate? How much? My brother is not ready to give a single rupee from it. He has redeemed all investment & purchased many properties in his name from it. My mother has disowned me from her property. What can I do? Is there any hope of getting share from the 'HUF estate'? How much time can it take?..how much will be my expenses?
Pls let me know at the earliest.Also give me your contact number.
Asked in Family Law from Mumbai, Maharashtra
My father has left stocks ( shares in demat form)in my name( my name is first) & jointly with my mother, My brother is not willing to give me my shares & willingly or unwillingly, my mother has written a will giving all her money ( investment) to my brother only. What happens to the shares ( stocks) in my name, if my mother passes away? Do I become the sole owner of the said shares ? Or will it get distributed between me & my brother?
Let me know ASAP. Awaiting your right answer eagerly.
Asked 3 years ago
you definitely have a share in the property left over by your father.
you are lawful and legal heir who comes within the class I legal heirs.
approach the court seeking relief of partition against your brothers, sisters and mother
you will be entitled for an equal share also in the property purchased by your brother provided if you could prove in the court that he purchased those properties out of the income derived out of the Joint family funds.
1.A daughter has an equal and indefeasible share in the property of HUF. Her share is equal to that of a male. Since your father did not make any provision for the HUF property in his will you are entitled to an equal share in it. You may file a case for property division in the court and cull out your equal share in the property if your brother is not honouring your rights. Judicial system is meant to safeguard the rights of people. The courts will not disappoint you if you can prove that you have a right in the property.
2. In terms of the will of your father the shares which have been given to you belong exclusively to you. As such, your brother cannot claim any right in the shares which have been allotted to you by your father. You are and will remain the sole owner thereof. It will not be distributed between you and your brother.
3. Coming to the expenses of the litigation, it is your lawyer alone who will be able to tell you what his legal fees will be.
when did your father die? you have stated he has left a will . whether probate of will has been applied for ? does will contain a residuary clause ?
as far as stocks are concerned you have 50%share in same . since stocks are in joint name of yours and your mother .
you have stated that your brother has sold of number of properties standing in name of HUF . did you sign any papers for sale of the properties . ?
you can engage a local lawyer and file suit for partition for your share in father properties . court fees woul depend upon valutaion of property and reliefs claimed .