• HUF

Can a karta remove coparcener from huf? when my father formed huf, do i automatically become member of the huf or unless he adds me in the huf deed, i am not part of his huf? if i am part of his huf, can he without my convent sell property registered under his huf? (this property i am talking of is purchased post selling ancestral property to avoid capital gain tax)
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

You acquire by birth and interest in joint family property.

once a property is assigned to an HUF, all coparceners have equal right to it. So, it cannot be transferred or sold without the consent of all coparceners

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

You have all the right in the said property even if it is purchased after selling the ancestral property.

And you can't be removed from huf even if Karta wants to.

But, if you change your religion then only can be disowned otherwise not.

Laslty,if kerta spends money out of the sell of ancestral property for providing any medical help to anyor marriage of the daughter or due to some unavoidable problem then you can't ask for your share separately.

But, I think you are out of this as per your details.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Karat cannot remove a coparcener from the HUF,. By birth the child become the member of the Hindu undivided family. The karta of Huf can sell the HUF property for thr welfare of the HUF.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

Dear Client,

Can a karta remove coparcener from huf? - NO- Right of coparcener (4th generation) evolves according to succession act n not by choice of Karta, he cannot in any way discard the inheritance right.

do i automatically become member of the huf - Unless, ur father specifically oust u to inherit any property owned by him but not ancestral. Since, it is related to property purchased from ancestral fund, ur right as coparcener is prominent.

Karta has right to sell property for the benefit of HUF members, but not for any personal gain otherwise any member can object to it. The sale amount will be used for the welfare of members or will distribute in their hands.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

After you took birth you by virtue of birth have an interest in the joint property of the family.

You can not be removed by the Karta

Without your consent the property can not be sold.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Generally in HUF, the children will be included as members automatically.

It is a body consisting of persons lineally descended from a common ancestor and include their wives and unmarried daughters, who are living together, joint in food, estate and, worship (not now necessary). The daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. However, after 1-9-2005, daughter married or unmarried, is a co-parcener like a son.

The coparcenary, therefore, consists of a common male ancestor and his lineal descendants in the male line within 4 degrees, running from and including such ancestor. No coparcenary can commence without a common male ancestor though after his death, it may consist of collaterals such as brothers, uncles, nephews etc. The essence of coparcenary is community of interest and unity of possession.

In cases where the property held by the person who claims it to be his own, had in fact been held by a joint family earlier and is ipso facto capable of being held by other sharers as well in future if and when the family comes into existence and a son, whether by birth or adoption, is added thereto, such property continues to retain the character of joint family property, even when the family is reduced to a single male member as in the case of a sole surviving coparcener.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Can not

Automatically part of hug

He can if it useful for benefit of huf

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

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