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