• Creation of HUF property

Dear sir
after death of my father can I
1 transfer his individual agriculture land and house and other movable assets in my personal huf

2 transfer his huf's house in my huf

3 what is meaning of ancestral property it is from father or fore father. 
4 can I transfer my fore father 's property in huf without any documents or need any document like will etc.
Asked 7 years ago in Taxation

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7 Answers

1. Sir after demise of the father all the legal heirs of the father shall have share in his property further in HUF all the members of the HUF shall have the equal share.

So in case there is other legal heirs to the property then you can make a partition and then after that your share can be added in your HUF similarly in case there is no other legal heir then in that case you can disolve the HUF and can add properties in your HUF.

Ancestral property is property which is undivided from 4 generation that is property of your great grand father,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir.

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Property which has remained undivided for four generations is ancestral property

2) Property which is once converted to HUF property or any other income which is generated from HUF property will become HUF property

3) if you are only legal heir you can transfer property inherited by you into HUF property

4) you can create HUF deed

5) create the HUF Deed. The HUF Deed is a written on a Stamp Paper stating the names of the Karta and the Co-parceners (Members) of the HUF. The eldest male member of the HUF becomes the Karta of the HUF.

A declaration is also provided by each member of the family where they declare the name of Karta and also state that –

Karta has the authority of the accounts vested in his hand

That the members are the only members of the HUF

The Karta holds the right to govern all the transactions of the HUF accounts on behalf of the members.

The names of the members of the HUF and the name of the HUF are also required to be stated in the HUF Deed at the time of creation of HUF.

Ajay Sethi
Advocate, Mumbai
100076 Answers
8172 Consultations

What your father's HUF constitute and yours?

If there are more members than you in your father's HUF, then the other members are entitled to their legitimate share in his properties and assets.

You cannot transfer entire property to your own HUF.

2. The above answer suit this also.

3. it is from your forefathers.

4. It will devolve on all the coparceners hence you cannot include them to your huf alone

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

1. Your query is lacking so many vital details. How many legal heirs does your father have? Are you the only surviving legal heir of your father?

2. If you are not the only legal heir of your father then to create a HUF with the agricultural land of your father after his lifetime you will require the consent of other heirs.

3. Under Hindu Law a property attains ancestral character only and only if it remains undivided for four generations.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1. With the consent of other legal heirs you can.

2. yes you can

3. A property which remains to be undivided for four generations attains the status of ancestral property.

4. A succession certificate will be required.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Hi,

You may go for HUF by executing proper documents at registrar's office.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

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