• Huf

Hi 
Me and my elder brother are part of my fathers HUF.
Recently my father expired and my elder brother became the karta of my fathers HUF. 

I wanted to know whether i am still the part of my fathers huf and can demand for my share whenever i can in future.

Also recently while opening bank account under the name of HUF the bank told only karta's legal heir will be named in corparcenter column And not my and my own family name. 

Please advise
Asked 4 months ago in Family Law from Ludhiana, Punjab
Religion: Hindu
Dear Querist
you may file a civil suit for partition and claim your share, you are also the sharer of that HUF.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1) on your father demise HUF continues with your elder brother as karta 

2) you can file suit for partition to claim your share in HUF 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
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Under the Hindu law, any coparcener can make a claim for partition.








Ajay Sethi
Advocate, Mumbai
23371 Answers
1225 Consultations
5.0 on 5.0
It is not necessary that a HUF has to be dissolved upon the death of Karta.

Another elderly person can take over as Karta and the HUF will remain in tact.

You have a share in the HUF property as a coparcener. 

You can very well seek partition and separate possession of your share in the HUF property and can come out of the HUF or the HUF can also be dissolved subsequently.

The bank is incorrect to say so, because since you are one of the legal heirs, you have an access however since there is another person named as Karta, he can continue to operate the bank account after complying with the necessary formalities. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
Also can i continue this  HUF under elder brother being the karta and can ask for my share whenever i want in future( for eg. After 5 years)

Yes, you can do it. 

You can very well seek partition and separate possession of your share in the HUF property and can come out of the HUF or the HUF can also be dissolved subsequently.

Your legitimate share in the HUF property is secured. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
1. There was a HUF wherein your father was the Karta and you were a member along with your elder brother,

2.  After the demise of your father your elder brother became the karta of the said HUF,

3. You, as a member, certainly have share of the property of your HUF along with your elder brother, if there are only two ,members of your HUF.

4.Your wife and son/daughter will not be coparcener of the said  HUF wherein you are the member along with your elder brother,

5. However, you can dissolve your HUF and equally partition all the properties helfd in the name of the said HUF in your personal names..
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Yes, you can dissolve your HUF any time you wish to and get the assets and properties of the HUF partitioned in your personal names in future.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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