| Question And Answer | |
|---|---|
| Subject: | Rights of illegitimate girl in HUF property |
| Category: | General Law, Income-Tax |
| Querist: | Kulkarni ps |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | HUF, Second wife |
| Date: | July 16, 2022 |
Assessee is an individual and Hindu . He got married with another women in the life time of first wife. He had two children from first wife and a daughter from second wife. First wife expired and thereafter almost 25 years assessee and his second wife are living together as husband and wife and also accepted by all family and society.
he had his HuF . He died with out having any will.
what are rights in property of second wife and their daughter .
whether they have any rights in properties of his HUF .
pl guide .
It is a well settled position in law that daughters have the same rights as sons in HUF property. Therefore, the daughter out of the second marriage will have the same rights as children from the first marriage with respect to the properties of the HUF.
In the case of HARILAL AMBALAL (HUF) v ITO [1984] 9 ITD 380 (Ahd)(Trib) ) where the karta and his first wife died intestate, certain properties were divided amongst the 2nd wife and her son.