• Right of married daughter on self acquired huf property of her father

I am 45yrs old married lady.my father has got a self acquired HUF land property .He did not inherit it.
1..can i ask for my share in that property?,can my father refuse?2...can my father sell the property without my consent and give proceed to my brother who is 35yrs?3...can my father give the whole property to my brother without my consent??
Asked 5 months ago in Property Law from Indore, Madhya Pradesh
Religion: Hindu

1) father cannot sell HUF property without you consent 

 

2) he cannot give whole property to brother 

 

3) Coparceners have the right to ask for partition of the property

Ajay Sethi
Advocate, Mumbai
69091 Answers
4157 Consultations

5.0 on 5.0

If it is a self acquired property you can not ask for your share, if by chance your father expired expires without making any WILL, then you will be eligible for inheriting your share in the property. as per the current scenario  your father can refuse  to give you any share and he can sell the same without your consent and even give the whole property to your brother without your consent.

Archit Vasudeva
Advocate, New Delhi
82 Answers

5.0 on 5.0

Nobody accrue any right to the Self acquired property of your father. Your father can dispose the property as per his choice during his life time. If no disposition is made property will pass on as per intestate succession  to all legal heirs equally.

Kallol Majumdar
Advocate, Kolkata
1874 Answers
2 Consultations

5.0 on 5.0

1. Nothing prevents you from asking your father for a share in the property owned by him.

2. Is the property your father's self acquired property or a HUF property?.

3. Since I haven't seen the records, assuming that it's HUF property, then you are entitled to a share in the property and your father cannot sell or give the entire proceeds to your brother, without your permission.

4. In the alternative scenario, suppose the property is your father's self acquired property, then during his lifetime it is upto him to take any decision as per his sweet wish and will, whether to sell or retain or to gift the property to anyone of his choice, including children or to only his son or daughter.   Since it's his self acquired property, he needn't take anybody's permission, including his daughter or son, to transact with the property.

Shashidhar S. Sastry
Advocate, Bangalore
2245 Answers
151 Consultations

5.0 on 5.0

as the property is self-acquired by your father, then he can give the same to anyone as per his sole wish

1. you can't ask and if you ask he can refuse, if he wants to

2. he can sell the property and give proceed to anyone including your brother,

3. Yes, he can give the whole property to your brother without your consent

 

 

Suneel Moudgil
Advocate, Panipat
1192 Answers
1 Consultation

4.3 on 5.0

1..can i ask for my share in that property?,can my father refuse?
Answer: Yes you can ask for share. A married daughter does not lose rights on the HUF property;

2...can my father sell the property without my consent and give proceed to my brother who is 35yrs?
Answer: He needs NOC of all members of the family;

3...can my father give the whole property to my brother without my consent??
Answer: No he cannot. You can file a suit in the civil court.

Gowaal Padavi
Advocate, Mumbai
1844 Answers
2 Consultations

5.0 on 5.0

The property is a self acquired property and hence he can do anything he likes with it. You dont have a right in the property although if he dies intestate you shall have a share in the property equal to your brother.

Regards 

Rahul Mishra
Advocate, Lucknow
5076 Answers
12 Consultations

5.0 on 5.0

During his lifetime, your  father is the owner of his  property.  Neither you nor your brother have any share in the said property during the lifetime of your father.  Your father can sell, gift, etc to anyone including you and your brother or leave a Will in anybody's favor. However, in case he dies without executing a Will, you have half share in the property after his death.

 

Dalip Singh
Advocate, New Delhi
513 Answers
10 Consultations

4.9 on 5.0

You will have equal rights as coparcener in the said property.  You can challenge the same in court if not given 

Prashant Nayak
Advocate, Mumbai
14584 Answers
25 Consultations

4.6 on 5.0

If it is a self acquired property, your father can sell the property or settle the same to any one and your consent or permission is not necessary . 

Selva Perumal
Advocate, Chennai
290 Answers
32 Consultations

4.9 on 5.0

See in case it is huf property you can ask share of your property from father as coparcener, though father as karta of huf can sale the property for benefit of the HUF you can object same.

Shubham Jhajharia
Advocate, Ahmedabad
20947 Answers
81 Consultations

5.0 on 5.0

a married daughter is considered a part of HUF. Prior to 2005 amendment in the Hindu Succession Act, 1956, the daughter, on her marriage, ceases to be a member of her father’s HUF and becomes a member of her husband’s HUF. However, after the amendment the daughter married or unmarried, is now considered as co-parcener like a son.

Mohammed Mujeeb
Advocate, Hyderabad
11791 Answers
4 Consultations

4.5 on 5.0

1. You cannot ask for a share in that property as a right.  Yes your father can refuse even if you demand.

2. Yes he can do so.

3. Since it is your father's own and absolute property he can decide to give the entire property to your brother without taking your consent.

He is the authority over his property

T Kalaiselvan
Advocate, Vellore
58941 Answers
747 Consultations

5.0 on 5.0

Married daughter is also HUF in father`s HUF. YOU can not demand your share until HUF not dissolved. Neither Father can give to son if it is declare HUF in income tax.

Yogendra Singh Rajawat
Advocate, Jaipur
14648 Answers
19 Consultations

4.6 on 5.0

  1. Yes you can ask for share but it's your father right he can refuse to give you the share as the property is self acquired by your father 
  2. Yes he can do whatever he wants with the property and can give consideration of sale to your brother. 
  3. Yes it's his choice what to do with the property. He doesn't need your consent to give the property to your brother. He wish he can give complete property to you without consent of your brother. 

Mohit Kapoor
Advocate, Rohtak
4822 Answers
1 Consultation

5.0 on 5.0

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