pashyanti (legal manager) 21 October 2010

Hindu Undivided Family

Hi All.

Pls. advise me on the matter.

There is one person and he has 5 sons. Now the sons are under HUF. The five sons and their legal heirs formed a partnership firm after the death of their father. the firm is not registered. Now, out of 5, 2 sons were deceased. Their sons filed a suit against the other three sons in respect of the property under HUF. The property is in the name of the partnership firm on 7/12.Now, one of the son out of the other three, want to sell his share in the property. My question is:

1. Whether the person who claim himself as a seller is entitled to sold his land?

2. Which act applied to this situation? (HUF act or partnership act?)

Regards

Pashyanti

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 21 October 2010

I think HUF act is applicable. Property was belonging to the deceased father, afther his death all the legal heirs are entitled to equal share in the suit properties. Now about the partnership firm which is unregd.,If it is formed out of the income of the ancestral business then in the partnedrship also everybody has got equal share.

jeevan kumar (Lawyer) 22 October 2010

If the members are in a Hindu Undivided family and the Accounts are managed as said then there is no question of partnership Act cutting cross in this matter. It is only under the HUF untill the same is dissolved..