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rajesh sharma (PM)     03 March 2011

HUF

My Grandfather had 4 daughters and 4 sons. One elder & the youngest son are government employees & never stayed in my city. All 4 daughters have married & good settled.

My dad is (in 2nd position) & my uncle 3rd position had bought one shop. They had taken shop in the name of 4 partners. One is my dad, my uncle (3rd), My grandmother & my grandfather’s name.  on the paper my grandfather,my grandmother,my uncle & my Dad are working as a partner.

My grandfather used to sit only and all the decisions were taken by my dad & uncle.

My dad’s one elder & one youngest brother are working in government services. They didn’t stayed at parental house & they also didn’t work at shop.

All family expense(including my Aunty’s (Bua ji’s) daughters & sons marriage) had worn by my dad & my uncle(3rd) because my grandfather used to stay with them.

My home is in the name of my grandmother also.

Now my grandfather expired (2001) & my grandmother expired in 2003).

Please suggest,

1.    My uncle (1st & 4th ) still have a part in shop. They have their own property in different city? They don’t stay at my city.

2.    As per HUF, after the death of Karma his elder son will act like a karma. So in my case who will be karma my dad or my eldest uncle who was working in government services and have 2 houses, 1 shop in his own name.

a.    Please note: My eldest uncle have never taken any role to do a business.

3.     But still we are treating our eldest uncle as a karma but he doing partiality & not clearing & dividing the property. Please suggest can my take any decision to sell the property.

My dad & mom are not physically well. All responsibilities on me.

Kindly help me.

 

 

 



Learning

 5 Replies

shailesh (technical associate)     04 March 2011

Boss all legal heirs are having equal rights.You can file a suit and get it divided equally among all legal heirs...

1 Like

rajesh sharma (PM)     04 March 2011

Dear Shailesh,

Thanks a lot. but pl tell, my dad can work as an authority or not?

Will my bua Ji's (aunty,Married) also considered as a heir.. ?

shailesh (technical associate)     08 March 2011

Rajesh,

 

First of all please tell when ur bua ji is married. In HSA daughters can also claim there title if they were married after 1984. The year of this constitution is depends upon state level.  I dont know which state this property belongs. Kindly get a good lawyer and ask him when this constitution come in place in ur city.

 

it should be a family settlement instead of appointing ur dad as Karma. Get a registered Relinquishment Deed so that none of legal heirs come back and claim his/her portion..

 

Hope it will help

Takecare and best of luck

1 Like

rajesh sharma (PM)     08 March 2011

my bua jis are married before 1984. This property in Uttar pradesh

rajesh sharma (PM)     23 March 2011

Dear Sailesh,

 

Please suggest for the case. My bua jis were married before 1975.


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