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?
SO HE CAN PASS IT ON YOU VALIDLY. YOU CAN ALSO GIFT IT TO ANYBODY
What is the Supreme Court judgment on HUF property?
Can HUF Karta sell property without consent?
Who is the owner of HUF property?
What is the law on Hindu Undivided Family property?
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.
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
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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