Family Heirloom: HUF Assets Redistribution After Father's Demise and Son's New Role as Karta
Hindu Undivided Family (HUF) Succession Rules: Understanding the Division of Assets
The Hindu Succession Act 1956 underwent significant changes after its amendment, resulting in a drastic shift in the sphere of succession of Hindu Undivided Assets (HUF). When a coparcener passes away, a deemed partition takes place, and his share in the HUF assets devolves on his legal heirs unless he has bequeathed it under a valid will.
Calculating Shares in HUF Assets
In the case of a father who did not make a will, his 1/3rd share in the HUF assets becomes a personal asset of both his sons upon his death. This means that the share of the father, which is 1/3rd of the HUF assets, passes on to his two sons equally. The share of a coparcener in the HUF asset cannot be ascertained unless a partition takes place.
| Scenario | Share of Father's HUF Assets | Share of Each Son |
|---|---|---|
| After father's death (without will) | 1/3 | 1/6 (each son) |
| After partition (remaining 2/3) | 2/3 | 1/3 (each son) |
Mother's Role in HUF Succession
In this scenario, the mother was only a member and not a coparcener. Therefore, she was not entitled to ask for a partition and did not have any share in the HUF assets. Even if a partition had taken place while she was alive, she would have received a share equal to that of her son in the assets of the HUF. However, since she did not have a definite share in the assets of her husband's HUF, she was not entitled to bequeath her share in the HUF assets. The bequeath made by the mother is not according to the Hindu Law.
Final Distribution of HUF Assets
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As long as a partition does not take place, no coparcener can claim a definite share in the HUF assets. However, if a partition takes place today, the two sons will each receive an equal share of the remaining 2/3rd share of the HUF assets. This means that each son will get 1/3rd of the 2/3rd share, resulting in a total share of 1/9 for each son, including their children.
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