| Question And Answer | |
|---|---|
| Subject: | Partition of HUF |
| Category: | General Law, Income-Tax |
| Querist: | Kamalesh Kumar Zaverilal |
| Answered by: | Advocate Rahul Hakani |
| Tags: | daughter in law . son in law, HUF, members, minors, Partition |
| Date: | July 24, 2021 |
1) Who all have to be the signatories to the partition deed?
2) Whether daughter in law and son in law have to be signatories?
3) Whether grand children through son/daughter have to be signatories?
4) Whether spouse of the grand children through son/daughter have to be signatories?
5) What is the position vis a vis the great grand children (children of grand children through son/daughter)?
6) What is the position if any of the signatories is a minor?
7) If possible, please share a draft deed of partition.
Thanks in advance
Ans .1.Claim for partition can be made by Karta and co-parcenors and not mere members of the HUF. Where members are receiving property in a partition it is advisable to have their signatures as well.
2.Under Hindu law Daughter is a co parcener where as Daughter in law is only member of HUF, if Partition deed does not bear their signatories then it will not affect the validity of the Partition deed. However it is desirable to get the signature of Daughter in law . As regards Son in law is concerned he is not member of HUF the signature is not required, However he can be one of witness and sign the deed as witness . HUF consists of persons descended from a common ancestor . Therefore a son -in -law cannot be a member of the HUF
3.It is advisable that their natural guardians sign on their behalf, though under Hindu Law father in exercise of his superior right is entitled to bring about a partition even against the wishes of minor sons/daughters.
4.A claim for partition can be made by Karta and co-parcenors and not mere members of the HUF. Where members are receiving property in a partition it is advisable to have their signatures as well.
5.As great grand children will be co-parcenors they will have to be signatories.
6. They will have to sign through their natural guardian.
7. Please contact the tax consultant who will be able to draft the deed by considering various assets , applicability of stamp duty , etc