• Who are the members of a HUF?

We have 2 properties and 1 bank accounts under my father's HUF, and we are 2 married brothers and 2 married sisters, Now father left us last year and now we have decided to go for a full partion of HUF, both sisters has given thair consents to devide the whole things to the both brothers equally. Now we want to go for full partion. Please guide us the process.
THANKS and regards
Asked 6 years ago in Property Law
Religion: Hindu

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21 Answers

Your mother if alive and daughters-in-law(wives of brother and children) are also members of HUF, on dissolution of HUF, they are also entitle to share.

Well, sisters have to execute release deed on dissolution of HUF to trasfer their share to brothers.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The partition deed is to be signed by all coparceners 

it should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Entries showing division of the property in books of account may be good evidence of a partition more particularly in cases where the property may not be capable of physical division. -

5) The Assessing Officer will make an inquiry in to the claim after giving notice to all members of the HUF and if he is satisfied that the claim is correct, he will record a finding that there was a total partition of the HUF and the date on which it has taken place. -

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Such sale can be challenged any time by Sisters in future. New Karta will be elder son. How come payment will come by selling to his wife ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can ececute registered partition deed for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. a partition deed can be executed and registered between the HUF members

2. pursuant to the above partition deed, the sisters can execute and register release deeds in favour of the brothers

3. the brothers would then become undivided shareholders of the properties

4. no need to sell the properties to wives and take amounts in brothers' account since even if that is done, the two wives will become joint owners and the properties will remain within the family. It will also involve stamp duty payment. So instead of that, the release deeds from the sisters will be sufficient and the 2 brothers can hold the property jointly as co-owners. 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Dear Sir,

All the members of the Karta's family can be members of the HUF. The male members are called coparceners, while the females are referred to as just members. The difference between the two is that any of the coparceners can demand partition of the HUF.

The senior-most male member is called the Karta (manager), and a typical HUF consists of a Karta, his sons, grandsons, and great-grandsons (all of whom are coparceners), and their wives and unmarried daughters (all of whom are members).

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Karta can not sell without consent of all members of HUF. 

For partition, make a deed of partition dividing the property by metes and bounds to each member and get it registered.

All family members are members of HUF.  All male member  and daughters are called coparcener. Wife and daughter in law are only members. They can not claim partition of HUF by their own. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

execute a registered partition deed all coparceners consent required. . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See sisters have equal share in the property, if mother is there then you all children and mother have equal share.

if sisters are ready to give up there share they can make a registered relinquishment deed in your favor. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

A family settlement can be made and the new karta can with consent of others can transfer the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See  the Huf should be partitioned and sister relinquish there share in favour of brother so that there is no legal Hassel in future.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sisters can relinquish their share in property by executing relinquishment deed 

 

mere signing as witness is not sufficient 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Signing as witness and giving consent to sale are not same. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes you can make them confirming parties in the registered agreement

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

It is better to take relinquishment deed from your sisters.

Relinquishment Deed is a document through which a person releases his share or claim in a property. When the owner of a property dies and his/her legal heirs agree to relinquish (leave) their respective share of the concerned property in favor of one or more of the legal heirs, this document is made

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Involve them as seller not witness.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If sisters are giving consent for partition of property among brothers then you call can make registered partition deed or settlement deed for partition of property of HUF among both brothers in which sisters relinquish their share from property and bank accounts of HUF. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If the daughters expressed that they would not claim any share out of this property then they shall have to execute a registered release deed relinquishing their rights in the property after which you both can amicably partition the property as per the mutually arrived terms and conditions. 

You can get this partition deed registered. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If there's a partition then the HUF will be dissolved automatically hence there is no necessity for a new karta. If you are planning to sell then you can execute a registered sale deed jointly by all shareholders. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your sisters have to execute a registered release deed if they don't want any share in the property relinquishing their rights. 

Then the other two shareholders can sell the property to anyone including their own wives. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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