Question: I request your guidance on division of Hindu Undivided Family property. The house property has been purchased in September 1972 out of HUF funds. The building has been registered in my name. The rental income from it, is also assessed as HUF income for income tax purpose.
I have one daughter (eldest) and 3 sons. Her marriage took place in 1977 and sons are also married.
I am a widower and would like to relinquish my share and also settle the property to my sons, to be effective after my demise. Since my daughter's marriage was held prior to1988, I presume, she may not have right in the property. Is it correct? She also told me orally that she will not ask for a share in the house property.
Please clarify as to how this is to be recorded in case she has rights in the division.
To settle the property amongst the 3 sons, am I to leave a will or make a settlement. What type of will/settlement is to be made in terms of registration and stamp duty?
In case if I die without leaving a will or making settlement, what is the way for the division of property amongst the sons by themselves?
B. Ramamurthy, West C.I.T. Nagar
Mr. Srinath Sridevan replies:
As the property of a HUF, your daughter will have no preexisting interest therein. From the facts as stated by you, your three sons and yourself will each have a one-fourth undivided interest in the property. After you, your onefourth will be divided in equal fourths, among all four of your children (including your daughter), unless of course your mother is alive, in which case she will have a share.
If you do not wish your daughter to have a share, you may bequeath your interest to your sons by way of a will. A will requires no stamp duty. Registration is not compulsory, though it can be considered in cases where disputes are apprehended. The stamp duty payable on a settlement deed between family members will depend on the value as set out in the instrument.
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