• I bought property in my individual name. Can it be considered HUF

Hi, me and my wife moved to UK about 12 years ago from India. We were still in joint family in India when we moved to UK. In UK after 7 years of working me and my wife bought a flat in UK which is registered in my and my wife's name. Can this UK flat be considered HUF property? Means does this flat needs to included when me and my brother who is in India in partition of HUF assets? In other words can my brother claim his share from the UK flat? At the time of buying UK flat I did not use any family money from India. Please help.
Asked 7 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

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9 Answers

property purchased by you and your wife out of your funds would be regarded as your self acquired property . it is not HUF property

2) it would not be considered while carrying out partition of HUF assets

3) your brother has no share in said property

Ajay Sethi
Advocate, Mumbai
96768 Answers
7805 Consultations

Hi, the property is purchased by your individual income and it is a self acquired property .. Your Brother or any other famiy member do not have any legal claim over the property ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1. There is no way the proeprty in UK would be considered as HUF property.

2.Only those proeprty which is purchased with HUF money or made it in express terms to be a part of HUF proeprty are considered to be such proeprty HUF proeprty.

3.Soin your case you can relax and enjoy this property.

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

Hello,

You do not have to worry, since the property has been bought by your from your self earned money it will not be considered as HUF and your brother will not have any right on the said property.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Since, this property is the self acquired property of yours and your wife, none can stake a claim over this during your lifetime, including your brother.

Under Hindu Law, HUF property is distinct from individual property.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

1. By no method of legal interpretation the flat registered jointly in you and your spouse's name can be considered as HUF property unless you have pooled it to the HUF properties.

2. Consequently, your brother has no right, title or interest in this property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

Hi,

Since the property in UK was purchased by you and your wife out of your own funds, it will not be considered as HUF property. Your brother cannot claim a share in the property.

Trust this clarifies.

Regards,

Keerthiga Sharma

M.Com., CA, LL.B

Keerthiga Sharma
Advocate, Greater Mumbai
44 Answers
2 Consultations

1. The said flat in UK was purchased by you and your wife from your earnings at UK and registered in both of your joint names.

2. Hence, you and your wife are the joint title holders of the said flat and your HUF in India has nothing to do with the said flat of yours.

3. Your brother can not legally claim share of the said UK flat calling it part of the HUF assets.

4. Relax.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

The property acquired by you in UK pout of your own money is absolutely your own property and this will not fall within the ambit of HUF property.

Your brother has no rights to claim any share in it and there is no reason for this.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

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