• Right of married daughter in HUF property.

My father had acquired a property in 2001 and a HUF deed was made.My name was not included as i was already Married at that time.As per the development taken place in 2005,
1...can i ask for my share of the property?
2..can he sell the property without my consent and give the proceeds to my only brother who is 45yrs now?
3...can he give the total property to my brother without my consent?
Asked 5 years ago in Property Law
Religion: Hindu

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10 Answers

1. You are not part of fathers huf in this case you cannot ask for share from said property.

2. Yes he can sell the property.

3. It is property of HUF it can be disposed as per karta and other coparceners. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If HUF exited 2005 , you are member in father`s HUF.But you cannot ask for partition in his life time but only on dissolution of HUF.

He can sell for the benefit of HUF and members, No consent required.

Self acquired property can be alienate in any manner but since it was declare HUF, you can claim your share on sale or given to brother.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

it is self acquired property of your father 

 

2) you are not part of his HUF 

 

3) you have no share in the property 

 

4) father can sell his share in HUF property without your consent 

 

5) your consent is not necessary 

 

 

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

1. Yes

2.no. He has to give you the proceeds. 

3.no

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

If your father is alive than he can sell the property.

 

If he is not alive and brothers are selling the property than you can deny them and take your share as you are also legal heirs.

Ganesh Kadam
Advocate, Pune
12926 Answers
254 Consultations

4.9 on 5.0

as the property is self-acquired by your father, therefore, he can alienate the same as per his wish,

1. You cannot ask for your share

2. Yes,

3. YES, your consent is not necessary

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

1. If it self acquired then he is at liberty to dispose according to his wish.

2.Yes. if it is self acquired .

3. Yes. If it is self acquired .

Regards 

G.Rajaganapathy 

High Court of Madras 

 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

if you are not included in huf, you cannot claim any share in property,  your father can sell without your consent.karta can take his self decision without your consent. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

11.  Since you were married before the amendment took place, you are not entitled to any coparcenary rights in that HUF property.

2. Yes, he can do so, provided other members of HUF relinquish their rights in that property..

3. Yes, he can do so, it is legally valid provided other members of the HUF give their consent.

.

 

T Kalaiselvan
Advocate, Vellore
84881 Answers
2189 Consultations

5.0 on 5.0

Dear Client

  1. if the property is self acquired by your father than you cannot ask for share in his life time.
  2. yes he dispose of the property as per his wish as property was acquired by him and give the consideration to your brother.
  3. yes he can transfer the property your brother without your consent

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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