Legal Question in Family Law in India
Partition of Ancestoral HUF Property ?
My great grandfather along with his two brothers formed an HUF firm and bought some property. Subsequently, all the sons of three brothers became part of this HUF firm. Now the firm has become defunct. Will the division of property take place between to all descendants of three original partners in equal proportion or it will be equally divided between all the partners of the firm at the time of it becoming defunct.
Also, one brother out of initial three partners bought some property in his name, which was funded by HUF income only. Will that also be subjected to partition?
2 Answers from Attorneys
Re: Partition of Ancestoral HUF Property ?
Yes
Re: Partition of Ancestoral HUF Property ?
You seem to be unclear with your facts.
There is a difference between HUF and HUF Firm.
HUF can be one of the partners in a business firm and its share will depend upon the partnership deed.
If there is no HUF Firm or a business firm of which HUF is a partner; and by mistake you have used the word "firm" but you want to know only about HUF property, the siutation is as follows.
The origianl HUF had 3 members. when the partition takes place, the property shall first be divided in three equal shares. thereafter, the legal heirs of each brother will inherit. Suppose son named A has two sons whereas son named B may have 3 sons;
A's sons will get 1/6th each; whereas B's sons will get 1/9th, if the partition is taking place after death of their fathers.
You should remember that as per Hindu law, the daughters are also entitled to equal share in ancestral property.
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