Social 04 July 2015

Huf partition

Hi Mam/Sir

My father is the karta of my deceased grandfathers HUF. My grand mother is still alive and my father also has a sister who is married.

I also have an older brother.

The situation is as follows: I live abroad and my father does not support my expenses, which was not a problem till now. But when I wanted to purchase a house, he refused to lend me any money. Whereas all the expenses of the house in India are including my nieces schooling, holidays etc are taken from HUF (rental income).

I have 2 questions:

1. In asking for partition, what is the percentage I get : grandmother, father, aunt, my older brother and myself.

2. Can I claim arears of all the expenses that have been done by my family in INdia on themselves over the last 12 years that I have not been staying in my house?

Please advise, what options do I have.

Reply Follow

5 Replies

Anish Thakur 7018812737 (advocate) 04 July 2015

YOU WILL GET EQUAL SHARE IN THE PROPERTY AND ALSO THE MENSPROFIT EARNED BY FAMILY FROM HUF PROPERTY

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 05 July 2015

Dear SIr,

Better put a proposal for family settlement intially to avoid litigation, send a legal notice initally.

If things don't work out this way, better file the partition suit.

Warm Regards

Kapil Chandna Adv

9899011450

Biswanath Roy (Advocate) 05 July 2015

Initially you need a dialogue with your father grand mother and other elders of your family to find out an amicable solution. If it will not fruitful you may resort to legal help.

Social 05 July 2015

Dear Sirs, I understand that we need to find an amicable solution first. We have alrady tried that over last few months, and will try again when we visit India. But there is high likelyhood givrn my fathers stance and history with the way he handles money he will not agree to split rental income equally as partial partition. Hence I would vey much like to know my options to the above questions in order to prepare for the discussion.

I would also like to know tht if there is partition of my grandfathers HUF. What happens to the share that my father receives. Can I have an y claim on it, ot can my father make a will and give it all to my brother?

Dr J C Vashista (Advocate) 06 July 2015

@ "Social"

Doing a social service with the wisdom, intellect and guidance of experts on this platform is unethical. If you are so keen to be social you must engage legal experts .