• HUF, alimony

I have my HUF. HUF doesn't have nomination. My HUF has me (karta), my wife and my minor son. Can I have Will of my HUF? I understand in my absence, my wife and my minor son can continue the HUF but if God forbid we all 3 don't survive in one incident, I want the assets of HUF to go to say my brother. How can I ensure that? Is Will possible for that? If not then is there a specific law for that? If yes, who will be the beneficiary of HUF assets in case all members/co-parceners decease in one incident?

I have my Will. I have handwritten my Will with sign by two witnesses. The Will has 3 pages in total. Is there any way to strengthen the Will (so that it becomes difficult to challenge that by anyone)? I understand two ways: getting it registered (not mandatory) and affixing the thumb impression on that. Kindly tell whether thumb impression helps or any other thing to keep in mind.

My father has a small kirana shop, a sole proprietorship. I work with my father as full time in that and take salary. I don't take salary in account, we are staying together as one entity with no division of income. The salary is just shown in the books of accounts of shop of approx 15000 pm. So, total annual income of Rs 2lakh. My personal net worth would be not more than 10-15lakh incl bank balance, immovable property etc. Now, if there is a divorce with my wife, then approx. how much alimony I have to pay based on my salary income of 15k? Can I claim that now (if and when divorce talks are on) my father is not paying any salary and now I am unemployed and looking for work? Will the alimony depend upon the net worth and income of my parents? 

My father was planning to transfer his shop (not the plot, plot is in his name) to me so that I take the lead role. If that happens (if that's possible) then will the alimony amount payable will increase since now I will have income of shop in my ITR (which is approx 3 lac annually)?
Asked 2 years ago in Family Law from Gurgaon, Delhi
Religion: Hindu
As  regards your  share in the joint  family  property under s. 30 of Hindu Succession Act  you  will be entitled to make a Will of your  share in the joint family property

1) you can register the will . 

2) registration is optional 

3) enclose medical certificate of doctor to the will .

4) one of main grounds of challenge of will is that testator is not of sound mind . . doctor certificate would help in proving that you were of sound mind 

5) alimony is at discretion of court depends upon your income , whether wife is working or not , standard of living etc 

6) if your income increases by transfer of shop in your name alimony amount would increase 

7) your father can bequeath shop to you by will 
Ajay Sethi
Advocate, Mumbai
46869 Answers
2772 Consultations

5.0 on 5.0

The concept of Joint Family under Hindu law as well as the HUF  in Income Tax Act, 1961 is broadly the same.  HUF is purely  a creature  of law and cannot be created by an act of parties (except in case of  adoption and  reunion).  A HUF is a fluctuating body, its size increases with birth of a member  in the family and decreases on death of a member of the family.  Females go and come into HUF  on marriage. Family always signifies a group. Plurality of persons is an essential attribute  of a family. Husband and wife can constitute HUF if property is received on partition.  An individual who receives ancestral property at a partition and who subsequently acquires family, but has no male issue, would hold that property only as the property of the family.  Under the Hindu law the wife of the coparcener is certainly a member of the family. 
n cases where the property held by the person who claims it to be his own, had in fact been  held by a joint family earlier and is ipso facto capable  of being held by other  sharers as well in future if and when the family comes into existence and a  son, whether by birth or adoption, is added thereto, such property continues  to retain the character of joint family property, even when the family is  reduced to a single male member  as in the case of a sole surviving  coparcener.  Thus if a coparcenary interest exists in the property left behind by you then there is no question of bequeathing it by a will.  The fact is that you cannot bequeath the properties of HUF by a will even as a kart, you can do so in respect of  your properties alone. If there is an event that nobody from your family survives as imagined by you, then the properties shall devolve on the other class II legal heirs automatically as per law. Hope this make you clear about the concept of HUF property.

As far as alimony payment is concerned there are  various aspect to be considered.
She should not be employed
you should have sufficient income to provide her the alimony
She should prove your income or sources of income in the maintenance petition 
If you are able to satisfy the court that your total income is only 15K then you may ordered to pay 1/3rd of it  as monthly maintenance amount upon other conditions being satisfied..
T Kalaiselvan
Advocate, Vellore
37032 Answers
403 Consultations

5.0 on 5.0

1. It has long been, settled that the managing member of a joint Hindu family has power to alienate for value, joint family property either for family necessity or for the benefit of the estate so as to bind the interests of all the undivided members of the family whether they are adults or minors or widows. 

2. When the testator can sign the will, his thumb impression creates a veil of suspicion instead of acting as a repellant of suspicious circumstances. Do opt for registration of will. 

3. Your financial liability would be decided keeping in mind factors such as your income from all sources, wife's qualification and employment status and the lifestyle enjoyed by her pursuant to marriage. It could be 1/3rd of your income. The income and net worth of your parents is immaterial as parents-in-law are not liable to maintain their daughter-in-law. 

Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

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