Sir, what is the counter procedure for exclude names from HUF. My query is, If father is hvng 4 sons, and excluded two sons from huf and other two sons mentioned in HUF. Is it possible. If yes accourding to the Kartas decision to form the huf. Then what is the document for other 2 sons( excluded) can make a statement that they do not want thier names to be entered in HuF or in a simple way to rejecttheir fathers property.
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In HUF all 4 sons would be coparceners
2) partition all the members of HUF cease to be members of the HUF and the entire property of the HUF ceases to be property of HUF. In partial partition some of the willing members get out of the HUF and rest continue to be members. Again, the partial partition may be property specific also when some of the properties are divided among the members and balance continue to be property of the HUF.
See at this point of time there is no right of two brothers in property they can deny to be part of Huf. When right is created a relinquishment deed can be made to give up right. Karta can form Huf on his wish.
Hello,
A declaration to this effect may be given and the same may also be given to the Karta of the HUF.
This will be sufficient to renunciate your right on the HUF.
Regards
Children upon birth in a joint Hindu family automatically become coparcenors
There is no procedure of excluding
However the sons who do not intend to be a part of the HUF can sign release or gift deed to transfer their undivided share to other members of HUF
Hi
1) It appears that the father who had 4 sons had done a partial partition to the effect that 2 sons have been excluded from Hindu Divided family and 2 sons continue to remain in HUF. So technically the father has effected a partial partition vis-a-vis members , where some of the members have been excluded (by partition) and other members continue to be the members of the family.
2) Severance of the joint and undivided status of an HUF can be brought about by a partition either initiated by the Kartha or by all the coparceners together and in your case, since it is a partial partition, the consent of 2 sons who are excluded from HUF is mandatory either by way of family settlement deed or registered partition deed.
3) Now that partial partition is in place, the excluded 2 sons should be able to demand and obtain their share of properties (in a definite and specific form) for purposes of disposition, independent of wishes of the former co-sharers.
4) If family settlement deed is not possible, the 2 excluded sons can issue a legal notice of separation or a press notice of separation from their father's HUF.
Hope this information is useful.
