How the assets are distributed at the time of partition of HUF?
1. On a full partition of the assets of a Hindu Undivided Family (HUF), all the coparceners get their shares in the property.
2. After the amendment in 2005, of Section 6 of Hindu Succession Act, 1956, daughters are also made coparceners and their rights are equal to those of the sons and therefore sons and daughters get the same share in the HUF property on partition.
3. It is not only all the living members but also the child in the womb which is born subsequently entitled to get share in the HUF property.
4. When partition takes place between father and his child, the mother also gets an equal share that of a son. Likewise, on partition of the HUF property after death of the father, mother gets a shares equal to the share of a son/daughter.
5. The share of each branch of the family will be per stripe and then it will be distributed between the coparceners of the branch per capital.
To make it more clear, Let us understand this with an example.
Suppose Mr. A has an HUF having his wife W and sons B and C as well a married daughter D. Both the sons are married and have two children each. On a partition of the assets of the HUF each one of A, W, B, C and D will get 1/5 share in the HUF assets.
The shares of B and C in the HUF assets will be further shared amongst themselves and their children equally. So each one will get 1/15 share of the HUF assets (1/3 of 1/5 share allotted on the partition).
