- This topic has 2 replies, 3 voices, and was last updated 1 year, 2 months ago by
.
-
Posts
-
-
SAs the title suggests, we have a residential property in Gujarat that is under HUF where there is karta + 3 family members. (Karta, karta ‘s mom, karta ‘s 2 brothers)
Karta and karta ‘s mom passed away.
What would be the next course of action here? All are consenting to give the property to karta ‘s wife. Will this be a transfer deed? Can this be considered under ancestral property?P. S: HUF not active, no other assests under huf apart from this property. Karta ‘s mom, along with 2 alive sons have 2 daughters also.
-
U
When a Karta of an HUF dies, especially if the HUF isn’t active and the only asset is a single property, things are a bit more straightforward if everyone is on the same page—which it seems like in your case.
Here’s what you can do:
1. Figure out who the coparceners are now:
Since the Karta and his mom are no more, the remaining coparceners are the 2 sons and 2 daughters. The Karta’s wife technically isn’t a coparcener, but she can be a member of the HUF. Courts have even allowed widows to become Karta in some cases, but that’s more relevant when the HUF continues. In your case, since there’s no other HUF asset, you’re likely planning to dissolve it.2. Best route is a Relinquishment Deed (Release Deed):
If everyone’s okay with transferring the property to the Karta’s wife, then the sons and daughters (all current coparceners) can execute a registered relinquishment deed in her favor. You’ll need to do this at the local sub-registrar office. Stamp duty is generally minimal if it’s within family.3. Then go for Mutation of Property:
Once the deed is registered, take that along with death certs, property papers, and a family tree affidavit to the municipal or revenue office to get the name changed to the widow’s.4. (Optional) Wrap up the HUF legally:
Since this is the only asset and you’re done with it, you can file an affidavit with the IT Dept. stating the HUF is now dissolved (or non-functional) due to no remaining assets. Just in case there’s any IT file attached to it. -
CSee, the property will continue to retain its character as HUF property unless it is formally partitioned or relinquished.
the surviving coparceners of the HUF are collectively entitled to the property. The daughters of the mother (who was a Class I heir) also have an equal right in her share, their interest cannot be disregarded.
If all parties are consenting to transfer the property to the wife, the most appropriate course is to execute a registered relinquishment deed by all coowners/ heirs in favour of the the wife. It wont be a transfer deed in the strict sense, it’ll be a relinquishment of interest ( must be executed and registered under the Reg. Act) to confer ownership rights. All heirs should be made parties to the deed. The documentation should clearly trace the succession lineage and consent of each heir. It’ll avoid future disputes. When relinquishment is completed and registered, the wife can apply for mutation in her name.
-
