Practising advocate
AJAY SRIVASTVA
(Querist) 13 December 2011
This query is : Resolved
I AM A PRACTISING ADVOCATE ,MY FATHER WAS RUNNING A SHOP & AFTER PARTITION OF FAMILY I GOT SHOP IN MY PART, NOW CAN MY HUF CAN RUN THAT SHOP ON HUF NAME WHOSE KARTA IS MYSELF , DO IT WILL BREACH ADVOCATE ACT.ANY OTHER SUGGESTION
Raj Kumar Makkad
(Expert) 13 December 2011
It can be got run and there is no violation of any term of Advocates Act, 1961 bydoing so but you should not directly involve therein.
Shailesh Kr. Shah
(Expert) 13 December 2011
An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.
V R SHROFF
(Expert) 13 December 2011
I agreed with Raj & Shah.
An Advocate cannot personally work for gain in any business,
except part time teaching in Law College,
Any Directorship of the Ltd, Company,
A a sleeping Partner of a Partnership or HUF Business,
If at all , on safer side, you can inform your Bar Council and ask permission, and approval of your involvement in HUF as Karta, so it will safeguard you totally. No element of doubt remains thereafter.
Advocate M.Bhadra
(Expert) 13 December 2011
Merely ownership and inherited share of any business is not an engagement in business other than profession,but you should not engage the business directly by signing any paper.
Advocate. Arunagiri
(Expert) 13 December 2011
Advocate can be a sleeping partner of any business.
adv. rajeev ( rajoo )
(Expert) 14 December 2011
You can run the business because it is come to your share at the time of partition, you are not starting new business. It is not violation of advocate's act
Guest
(Expert) 14 December 2011
Agree with experts.
A. A. JOSE
(Expert) 14 December 2011
I too agree with the above views.
RAJU O.F.,
(Expert) 14 December 2011
Better select another member of HUF as Kartha, with the written consent of all members of HUF, so as to run the family shop business of the HUF, rather than a practicing lawyer running such a shop.
