Is HUF account alive after demise of wife
The proceeds of ancestral property was divided between father and son. Father has HUF with his wife. Married daughter is having the right of her share. His son is having his HUF with his wife with his share. In father’s HUF his wife is no more. Married daughter claims her share. So in father’s HUF if daughter’s share is given by partition whether father’s HUF will be in force with available balance, when his wife is not alive.
Asked 4 years ago in Family Law from Chennai, Tamil Nadu
Hi, married daughter has right in the undivided share in the joint family after property has been handed over to the daughter if father has property then after his demise his share is fallen to her daughter.
Whatever property left after the death of the father it will be divided equally so daughter will also get share irrespective of what was given earlier from the HUF property. in fact if a son and daughter left behind as legal heirs, the property of the father shall be divided equally between them. But the status is different if the father alive and the son and daughter have got their share s in the ancestral property. The father 's share of property will stay undivided till his death.
The right of inheritance in HUF is equal among heirs.In case the HUF property has been already divided among the heirs and if the father's share remained with him it will stay with him till he dies.In other words if the father is still alive the married daughter can not ask for a share even though the mother is not alive.At the death of the father all the son's and daughters can stake equal share in the father's share.
Even though the married daughter has got her share in the father's HUF by partition, father's share in HUF will stay undivided with the available balance till his death, even when his wife is not alive. Married daughter can not stake a claim even though the mother is no more. Upon the death of the father, all the legal heirs i.e., sons & daughters will have equal share in their father's share.