mother can ex cute will bequeathing property to you and your brother equally
Property of HUF
My father passed away in 2016.After his passing away,all the properties(Only CASH) is in the name of my mother.My mother has made a will where it is mentioned that upon her passing away the property is to be divided equally between my elder brother and my HUF.Is this okay?
Asked 5 years ago in Property Law
Religion: Hindu
16 Answers
I would like the inherited cash to come to my HUF.How is this to be done
Asked 5 years ago
Please give me an answer to the above quoting all precedents etc
Asked 5 years ago
Only if your mother bequeaths money absolutely to your HUF would you inherit that money
You and your brother are legal heirs of your mother on her demise
The Incometaxefiling web site says as follows: "Assessment of HUF :- Ancestral Property: Ancestral property may be defined as the property which a man inherits from any of his three immediate male ancestors, i.e. his father, grandfather and great grandfather. Therefore, property inherited from any other relation is not treated as ancestral property. Income from ancestral property held by following families is taxable as income of HUF: a) A family of widow mother and sons (may be minor or major) ; b) Family of husband and wife, having no child ; c) Family of two widows of deceased brothers ; d) Family of two or more brothers ; e) Family of uncle and nephew ; f) Family of mother, son and son’s wife ; g) Family of a male and his late brother’s wife. Note ;It defines Ancestral property as only inheritable by HUF from Male ancestors.Can property inherited by Mother from her Husband and then inherited by Karta form the Assets of the HUF?Please clarify
Asked 5 years ago
Dear Sir/Madam,
After the death of your father the properties left by him including cash becomes joint property of all the legal heirs including mother. Mother can enjoy the property till her death and she cannot execute such a Will which is conditional. It is not known whether there is existing HUF or not.
Is your HUF is registered, if not then get it registered and if the will of your mother is not registered then get it register also, then no requirement of any precedent.
Advocate Netravathi Kalaskar, Sequence of events is Sept 2016 Father passed away All properties held jointly by Father and mother now held in Mother's name since they were originally in joint names Jan 2018 ,younger brother forms HUF April 2018 Mother makes will dividing all property between Elder son and Younger son's HUF Incometaxindiaefiling.in in its "I am HUF" section says HUF can get inherited property only from Male ancestor like Father ,Great Grandfather and Great Great Grandfather I would like to know whether HUF can get property from female ancestor(i.e Mother) of Kartha(Younger son ) of HUF
Asked 5 years ago
Dear client,
After father death, cash was to be inherited by mother and çhildren equally. Absolute in mother was invalid and so the mother WILL. She could bequeathed only her share.
If there is no class one heir from the mothers side then only the said property will devolve to father side
She can execute a will in favor of both sons.
If there exists a HUF in your family and if this money belongs to HUF then it has to be shared among all the coparceners, your mother's property is not HUF property, however if she had got it from hr husband she can distribute it to anyone of her choice at her will.
If you have HUF within your own family then you can bring only inherited amount as your share and mingle it with your HUF property for the purpose of avoiding the income tax.
Sum of money received without consideration by an individual or HUF is chargeable to tax if the aggregate value of such sum received during the year exceeds Rs. 50,000.
If you want to put your inherited money into HUF, there is no legal infirmity in it
The property inherited by mother cannot be termed as HUF property. However if the karta inherits the some property and gets it attached to the HUF, then that becomes HUF property, to which all the coparceners are entitled to a legitimate share in it.
This will be a gifted property gifted by your mother in your name, hence it may not be attached to your HUF hence you may have to maintain it separately.
Ancestors are in male lineage only and not female lineage hence you first understand the meaning of ancestors and then see the answers given by various advocates here.
- As per the information mentioned in the present query, makes it clear that you wish to know the the status of the property coming form the mother.
- Let me tell you that the answer would be in big “No”.
- And there is a reason for the same, you will have to see the property coming to the father from whom, if it was self acquired then there is no question of HUF then.
- But, if the same came to father through his Male anscestral then now in the presnet case, it will he HUF property irrespective of he fact that now it has been coming from the mother as mother never had the right in the father’s HUF (if come by father’s anscestral to him).
Dear Sir,
No, he will not. This is because unlike the widow, the widower of a female Karta is not a member of the HUF.