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Huf partition

Milind (Engineer) (94 Points)

09 April 2017

An HUF exists whose member are husband, wife, son(unmarried) and daughter(married).

When the husband/Karta dies and in his will he has bequeathed his portion in HUF to his daughter.

Now after 2/3 years of the death of the karta the daughter asks for partition -(her share in huf) as a coparcenery from the son(who has become the karta) will she get

- Only 25% of the HUF i.e only her share immediately and later when the HUF is dissolved the 25% (the bequeathed portion of her dad OR

- will she get her share (25%) AND also the bequeathed share of her father (the previous karta ) so total 50% IMMEDIATELY

My query is when does he receive the bequeathed share of her dad if she asks for partition before dissolution of the HUF

Thanks

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3 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177840 Points)
Replied 10 April 2017

" When the husband/Karta dies and in his will he has bequeathed his portion in HUF to his daughter." The will is Null & Void.

In HUF, there is no rights as individual, but as member. All the assets of HUF are combined property of existing co-parceners/members. Only at the time of dissolution of HUF the family members get shares as per Hindu Succession Act, 1956.

" My query is when does he receive the bequeathed share of her dad if she asks for partition before dissolution of the HUF"

She can get only her share (33%) or more if decided by family (mutual) settlement, at the time of dissolution of the HUF.

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Milind (Engineer) (94 Points)
Replied 20 April 2017

Thanks..for the reply.

So it means (just to reclarify)

- Only if HUF dissolution is done before the father dies can he with mutual agreement with other members give his portion of the HUF to daughter.

- In case the father dies..he ceases to be member of HUF...so even if he mentions it in the will to give his portion to daughter it is NOT VALID.and only 3 members will have share during dissolution of HUF.(post death of father)