• 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 6 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
25513 Answers
179 Consultations

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
23085 Answers
31 Consultations

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
99938 Answers
8158 Consultations

1. Yes

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

3.no

Prashant Nayak
Advocate, Mumbai
34633 Answers
249 Consultations

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
13008 Answers
267 Consultations

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
2390 Answers
6 Consultations

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
2300 Answers
8 Consultations

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
19363 Answers
32 Consultations

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
90139 Answers
2504 Consultations

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
10686 Answers
7 Consultations

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