It comes under joint family property?
Querist :
Anonymous
(Querist) 04 January 2012
This query is : Resolved
Karta(oldest person) in the family does not have any property in his name he was in the govt service. karta's wife had property and registered on her name, She purchased that property after her marriage...but both were staying in her(wife's) ancistrol property.
is this self acquired property of her or hindu's joint family property during her life time?... now both are expired
Devajyoti Barman
(Expert) 04 January 2012
It is definitely her self acquired property. Mere jointness of family does not make a property jointly owned.
Deepak Nair
(Expert) 05 January 2012
Yes. this is a self acquired property.
Querist :
Anonymous
(Querist) 05 January 2012
Now any family member or son gains property using only her property...
what will be the status of that member property?
prabhakar singh
(Expert) 05 January 2012
It shall be deemed her personal and not joint hindu family property and after her death shall devolve upon her children,if in UP and agricultural,then according to UPZA law.
V R SHROFF
(Expert) 05 January 2012
not clear:
Wife cannot be karta of HUF. in lifetime of her husband
Raj Kumar Makkad
(Expert) 06 January 2012
I do agree with the views of Shroff, a legal position which was constantly was ignored by experts has been brought open.
Devajyoti Barman
(Expert) 06 January 2012
Here the question is definitely not whether the lady can become Karta or not.
Rather his query is whether this property would be treated as her self acquired or not in respect of which the replies are correctly made.
prabhakar singh
(Expert) 06 January 2012
Yes! Mr. Barman ,you are perfectly right and
To question raised by Mr.V R SHROFF ihave to submit as under:
In
Gangoli
v.
H.K .Channappa
AIR 1983 Kant. 222
,the Karnataka High Court expressed the view that the mother as natural guardian of her minor sons can manage the joint family property and appointment of a guardian by Court will not be justified.This is obviously the situation where father is dead and there is no adult male member.
prabhakar singh
(Expert) 06 January 2012
In
K esheo
v.
Jagannath
,
AIR 1926 Nag. 81
, the Court held the view that mother, though not acoparcener, can be, in the absence of adult male members, Karta of the joint family, and her acts will be binding on others as that of a Karta.
Ratio of the case:
That any adult members may bethe manager of the joint family, and in case of need a step-mother could bind her step-son, whowas a minor, by alienation of the joint family property, in whatever character she purported to act.
