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HUF property in my wife's name as gift deed. can my brother claim ?


27-Nov-2023 (In Property Law)

My father purchased a property as karta of huf. My father have done a registered will in my favour regarding huf property, reasoning in the will that the huf property is purchased fron the funds of my father and mother only. I have checked that the income from that Huf property has been taxed in and as the personal income tax return of my father only since last 7 years. the income tax return of huf have not been filed since last 7 years. I have gift deed the huf property in my wife name in her personal capacity through the registered will of my father.Can my brother leg claim prop in future?

Answers (3)

Answer #1
873 votes
NO, IF YOUR FATHER HAS PURCHASED IT BY UTILIZING PERSONAL FUNDS THEN NOBODY CAN CLAIM IT FROM YOU. THIS PROPERTY BEARS THE CHARACTER OF PERSONALLY ACQUIRED PROPERTY
SO HE CAN PASS IT ON YOU VALIDLY. YOU CAN ALSO GIFT IT TO ANYBODY
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Answer #2
619 votes
Hi
The query as worded is not very clear.
But as I understand your father purchased property as Karta in the name of HUF.
So the property vested in HUF and therefore your father could not WILL it to you.
The subsequent Gift Deed by you will have no effect inasmuch as if you did not aquire the title (as the will is not legally sounds) and therefore cannot gift it as well.
The property remains HUF and your brother has a right over it.

Answer #3
919 votes
This is in reference to the query put up by you. Your brother cannot claim any claim in the property as per the proposition put forth by you.
However, this is subject to documentation which has to be proved by you or disproved by your brother. For any other queries feel free to contact.

Regards
Gurjyot Sethi

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