Under mitakshara law of Hindu Succession every member of HUF gets an equal right to the undivided joint property of HUF by birth which can not be taken away from him/her by any orther co-parcener.
HUF case
Query: In a HUF, there is total Seven members having Grand Father, Grand Mother, Father, Mother, Son, Son’s wife, Son’s son. Is it possible, Grand Father wants to remove son from huf. If its happen then what will be impact on Son’s wife status.
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
grand father cannot remove son from HUF
If Son is removed the other members shall be still coparcener in the HUF including son's wife.
A member cannot remove other member from the HUF. The said co-parcener is matter of right
1. on what grounds is the grandfather seeking to remove the son from the HUF?
2. the persons entitled to HUF property are the great grandfather, grandfather, father, sons and daughters
3. wives of the sons are only members and not coparcenors. They have no interest in the HUF property except right of residence and maintenance
Dear Sir,
The karta of HUF cannot remove one of the member of of HUF arbitrarily. It is not within his rights to add and remove any of the member. It is only the circumstances and active/passive participation of members decides who is the member and who is not the member of HUF.
1) Yes, Grandfather is Karta of HUF than he can remove the son's name from the family records, her status will adjoint with her husband and her son to his father. Means their name be also removed from HUF. Removing means HUF has to give partition share in from HUF.
Dear Sir,
- In-case it is ancestral property, he can not be removed from the ownership of property.
- Ancestral Property is considered which is passes to the next four generations.and the right to use and acquire property is accrued by persons through birth itself. (which means father, grandfather, great grandfather and great)
- However in-case the property is acquired and owned independently by your live grandfather. He can take decision as per his choice.
- In ancestral property partition the rights goes equal to all legal heirs.
Regads
Vivek Arya
Karta cannot remove a coparcener from the HUF, By birth the child become the member of the Hindu undivided family.
Grandfather cannot remove the son from the HUF if the property has been registered as HUF because the son is having a right by birth in the HUF property as a coparcener.
Son's wife is not a coparcener but a member of the HUF.
Karta 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 the welfare of the HUF.
A person cannot be removed from a huf unless he fulfills certain criteria which enables the karta to remove the person.
Regards
