Partition of huf and succession there after.

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Querist : Anonymous

Querist : Anonymous (Querist)

25 November 2018 Could anyone please give me detail about the Co-Parcener and partition between Members in any HUF.

Nitesh bind

Nitesh bind (Expert)
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25 November 2018 See, first you have to understand what consist of HUF and how does it came into existence.

After the marriage as soon as the child is born HUF came into existence. HUF consist of FATHER, SON & DAUGHTER ONLY. Even the mother is not a part of HUF (she has a co-parcenary interest in her Father's property)

Now understand the concept of CO-PARCENARY as well;

Co-parcener includes 4 level lineal descendants including the first male ancestor. That is it includes:

1. Mr X.

2. Son/daughter(married/unmarried) of Mr. X

3. Grandson/Granddaughter (married /unmarried) of Mr. X

4. Great Grandson/Great Granddaughter (married/Unmarried) of Mr. X

Only these persons would be called as Co-parcener and only these person would have a right to DEMAND PARTITION.

Also, CO-PARCENER is different from MEMBER Of HUF. Member may be distant blood Relatives but Co-parcener would be only the above 4 levels.

Note: There is always seen confusion regarding the status of Daughter. Therefore, I'm again explaining it's position;

Umarried Daughter would always be a CO-PARCENAR and always have the equal right over the property just like a Son. Although, the status of Married daughter would be as follows:

1. In her Father' s property :

She will remain a Co-Parcener even after marriage (i.e just like Son)

2. In her In-Laws house:

She will be the MEMBER but NOT THE CO-PARCENER. Although Husband can give his Co-Parcenery right to her wife (although that's a different issue).

Thanks. Be Helpful to One Another!

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