• Right of daughter in HUF property

I am married 55yrs old lady.my brother is 45yrs old.our father is having a HUF property where he is the kartha .1)can i ask for my share in the said property? 2)can my father or brother sell this property without my consent?3)can my father give the whole property to my brother without my consent?
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

1 )  Yes

2)  Yes if the property is not on your name

3) Yes if the property is on his name.

Deepankar Kataria
Advocate, Delhi
194 Answers

5.0 on 5.0

If the property is not ancestral father can make testamentary disposition as per his choice. If ancestral then he can not n make any such disposition. All members including daughters hold equal right to the property. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

what is the status of the property, self-acquired by father or inherited?

if self-acquired he can give it to anybody as per his sole wish but  if inherited you also have right in the property being his legal heir

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

A Karta or Manager of a HUF has all the powers to manage the family and its assets, being head of the family. The joint family property vests in the family and its coparceners/members.

2) managing member of a joint Hindu family has power to alienate for value, joint family property either for family necessity or for the benefit of the estate so as to bind the interests of all the undivided members of the family.

 

3) father cannot give whole property to your brother without your consent 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1.  You can ask share for huf property as coparcener.

2. Huf family can be sold by karta for benifit of the family and he take such action.

3  The complete property cannot be given to brother.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Only on dissolution of HUF you can claim your share. IF it is declare HUF in Income Tax than Karta/father can sell the property for the benefit of members and not otherwise.

Brother cannot.

If it Is self acquired property and not HUF than father can give it to any. 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. since your father is alive, you become a coparcenor in the HUF property and as such have an undivided share in such property

2. thus your father or brother cannot deal with the property without your consent as your right is recognised by the Hindu Succession Act

3. you can file a partition suit against your father and brother to partition the property and to demand your share 

Yusuf Rampurawala
Advocate, Mumbai
7483 Answers
79 Consultations

5.0 on 5.0

1)can i ask for my share in the said property? 
Answer: Yes you can;

2)can my father or brother sell this property without my consent?
Answer: No they cannot sell it without permission;

3)can my father give the whole property to my brother without my consent?
Answer: No he cannot. You can file a suit for recovery.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes you have equal right in the same being a coparcener.  You can claim your share

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

If it is an ancestral property and your father received this property through his father then question 1 can be answered in the affirmative.

No he can't sell the property without your permission and he cannot give it to anybody.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

yes you can ask your share. 

a karta need not take consent of other coparceners of the family, since he has absolute right to manage the HUF property. 

without your consent your father cannot give him whole property.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

The answer for all your questions are NO.

REGARDS

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Even though it is a HUF proeprty since you were married before the year 2005, the year when the amendment came into force, you may not be entitled to a share in the HUF proeprty as a right.

The condition is that the daughter should have married after the year 2005 and her father should be living after the year 2005.

Therefore you may not be entitled to any share in the property as a right.

Since this is HUF property, your father cannot transfer the entire proeprty to your brother alone if there are shareholders existing.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Client 

Till your father is alive you cannot claim the property of HUF you father is karta of HUF and it's his choice how he want to dispose of the property.

But after your father you can claim share from HUF property as a coparcener.

Your father can sell the property if HUF was formed by him but if it is ancestral then you can claim your right on the property and they can't sell the property without your consent. And he cannot give property to your brother without your consent if it is ancestral property

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer