Can a married woman be a part of two HUF accounts?

Raj Lakhotia, Founder, Dilsewill answers readers queries related to estate planning.

Can a married woman be a part of two HUF accounts, one where her father is the karta, and the other with her husband as the karta? — Jatin Mehta

Yes, a married woman can continue to be a member of both the Hindu Undivided Family accounts. She can continue as a co-parcener in her father’s HUF where her father is the karta and also as a member in her husband’s HUF account.

I have been living with my mother for the past several years along with my son. Now my mother is in a coma. My older brother does not live here as he stays with his family. He has had no connection with my mother. Suddenly he has come and taken charge of of my mother’s affairs from me. He has included his name in the property through my father’s will. Now, he is claiming that the property is his and that I have no right over it. My father’s property is self-acquired. What can I do?— A. Patel

From the details provided, it can be assumed that your father had written a will, wherein the self-acquired property where you are living with your mother and son, had been given to your elder brother through the will. According to the Hindu Succession Act, 1956, and assuming you are a Hindu, you are a legal heir and, hence, you have an equal right over your father’s self-acquired property, along with your mother and brother only if your father dies intestate, that is, without a will. In case your father had a valid will at the time of his demise, the will shall prevail. However, being a Class 1 legal heir, you can challenge your father’s will in the court and can stake a claim for your share in your father’s property.

My grandfather had self-acquired properties comprising two houses and four land parcels near the house. He passed away last year without a will. He has eight children and 12 grandchildren. Will the grandkids get a part of the property? We are not Hindus, so will the Hindu Succession Act be applicable to us? — R.J.

Succession laws in India are based on religion. If he is a Hindu, Jain, Sikh or Buddhist, the Hindu Succession Act, 1956, is applicable in case of intestate succession. If he is a Christian, Jew or Parsi, the Indian Succession Act, 1925, is applicable. However, if a will is made by a Hindu, Jain, Sikh or Buddhist, the Indian Succession law is applicable. In case of Muslims, the Muslim law is applicable. To determine the law applicable to you, we will need to know your religion first.

The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

Source link