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Are individual properties also treated as joint family property
02-Dec-2023 (In Property Law)
Sir/ Madam, we are a joint family, my grandfather had property which further our fathers expanded it, now some properties are under HUF and some are under individual names for tax reasons. This is our 2nd generation with children’s and grand children’s, here are my queries; 1. Under Hindu law will the individual properties also be treated as joint family property? 2. Under HUF, will every member of the family be a coparcener or only the fathers be eligible i.e. excluding children’s and grandchildren? 3. Are there any specific rules or clause under law where in all the members can be avoided for equal rights? Are there any specific methods of partition under law?
ANS; 1). Yes, if the properties earned out of joint family funds in the name of individual member are treated as joint family properties.
2). IF you are Hindu by birth and who are all born some cut off date from the year 2005 and unmarried daughters by birth are coparcenars as per hindu succession act 2005 and all are eligible for their respective shares as per law.
3). As per ranks and position of him or her in the family decides the ratio. pl contact.
2). IF you are Hindu by birth and who are all born some cut off date from the year 2005 and unmarried daughters by birth are coparcenars as per hindu succession act 2005 and all are eligible for their respective shares as per law.
3). As per ranks and position of him or her in the family decides the ratio. pl contact.
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Adv. Chandrashekara Reddy K N
Bangalore | 100+ Answers
CONTACT NOW
1. Normally a property acquired by the member of a HUF in his personal capacity and in whic no funds are taken from the HUF, it will not be counted as HUF property. But if the HUF resources in whatever form have been used in acqiring that property, it will considered as HUF property.
2. Under HUF only direct descendants of a male up to four degrees are considered Co-parceners.
3. In an HUF every coparcener. now including daughters are entitled to equal rights in the HUF property.
2. Under HUF only direct descendants of a male up to four degrees are considered Co-parceners.
3. In an HUF every coparcener. now including daughters are entitled to equal rights in the HUF property.
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