Hindu Undivided Family
Querist :
Anonymous
(Querist) 16 December 2009
This query is : Resolved
Dear Sir,
I am practicing as an Advocate in Kakinada Bar (Adhra Pradesh).
I have a doubt that A, B and C brothers
A is an elder brother maintaining the business in a joint family, but there is no paper evidence. But some properties like i.e., Boats in the name of three brothers. As the mater stood like that, "A" became week and "C" took maintenance of the business and with the profits of the joint business he misused the the funds and with the profit money "C" Purchased lands, Building on his name and his family members sons and daughter name. Now can "A"s Grand son can file a suit against "C". and can he get the property. Suggest me some case laws on this point.
Thanking you Sir.
O. Mahalakshmi
Advocate,
Kakinada.
Adv Archana Deshmukh
(Expert) 16 December 2009
In my opinion, Yes. Though the property stands in the name of C's children, as it was purchased from the income of the joint family business, So it is a joint family property and as such A has a share in it. A's grandchildren can file a suit for partition and seperated possession.
Raj Kumar Makkad
(Expert) 16 December 2009
Though there is no law of benami property in India as it has already been abolished but C had no independent income and as a part of HUF he had purchased the aforementioned properties so A or his legal heirs have got legal right to challenge the diversion of income of HUF in the name of any individual.
I suggest to file a civil suit for partition of the properties of HUF including shown in the name of C or his legal heirs.
Srinath Kondapally
(Expert) 16 December 2009
Until and unless the HUF property devided, all existing legal heirs are entitled to claim their respective shares in such undivided property, hence u may proceed further accordingly, as it is the established principle, whenthe section/provision is clear no need to take the support of citations.
aman kumar
(Expert) 17 December 2009
agree with srinath !
case --1, ramnath Vs chiranji lal 1935 57. all 605
2, but you take venkta subramanya vs eswari ayyer 1960 mad, 266 give diffrent view
but simpaly you or any partner can start plea
kranthi kiran
(Expert) 17 December 2009
any propoerty purchased with the aid of joint family property or from the sale proceeds of joint family property shall be deemed to be joint family property.But the burden lies on the person so claimed to prove the same.
