Huf partition related querry
sampat mane
(Querist) 07 February 2017
This query is : Resolved
We are four brothers and two sisters.
My father (a hindu) left some property without any will.
All have given me Power of Attorney for this property after my facthers death to maintain the property and my mother was alive tll jan 2016.
Till date I am the holder of Power Attorney on behalf of brother and sisters and mother.
In Jan 2016 my mother died and now all are harrassing me for partition of Property which I am OK. My querry is : 1. Can they ask for share for the past income as I have expended in maintaining the property, my mother and fathers illness and oldage expenses. and none have contributed in the above expenses. 2. As the Power of Attorney is registered I am planning to develop this property by putting income generated from this property and putting my income too without anyones help. What is status after development? Can I ask the claim for the expenses in development and my efforts ( they want share in income but not ready to bear the expenses) 3. All want an NOC from me to change the name in the electric bill (as it is in my name ). This property being my facthers / monthers property. 4. No partition is happened till date nor my father/mother was willing to do so despite repeated pleas from all.
5. What will be the best way to resolve in case any dispute arise.
Sampat Mane
7498330809
sampatmane@yahoo.com
Ms.Usha Kapoor
(Expert) 08 February 2017
Consult good lawyer with documents.
Kumar Doab
(Expert) 08 February 2017
The property is HUF ( as per title of your query)
or
self acquired in the hands of deceased father?
Kumar Doab
(Expert) 08 February 2017
The balance from profits earned-expenses incurred=funds available may be divided amicably.
As far as mother and father’s illness and old age expenses are concerned that was your moral responsibility and so was of others.
Settle amicably.
Explore amicable registered family agreement on reasonable terms.
sampat mane
(Querist) 08 February 2017
property is self acquired by father..
Rajendra K Goyal
(Expert) 08 February 2017
You asked:
1. Can they ask for share for the past income as I have expended in maintaining the property, my mother and fathers illness and oldage expenses. and none have contributed in the above expenses.
Reply:
They can ask, you can adjust amount spent on development / maintenance of property. Amount spent on treatment may not be related to property, otherwise it is moral responsibility of yours and of all.
You asked:
2. As the Power of Attorney is registered I am planning to develop this property by putting income generated from this property and putting my income too without anyones help. What is status after development? Can I ask the claim for the expenses in development and my efforts ( they want share in income but not ready to bear the expenses)
Reply:
POA can be cancelled at any time. After demise of mother, her POA is cancelled automatically. Take written consent and decide terms of all to develop the property.
Rajendra K Goyal
(Expert) 08 February 2017
You asked:
3. All want an NOC from me to change the name in the electric bill (as it is in my name ). This property being my facthers / monthers property.
Reply:
They have share in the property, they are justified in asking so.
You asked:
4. No partition is happened till date nor my father/mother was willing to do so despite repeated pleas from all.
Reply:Now your parents are no more, they have share, it is better to have amicable solution and partition peacefully.
You asked:
5. What will be the best way to resolve in case any dispute arise.
Reply:
Amicable partition of the property.
Ms.Usha Kapoor
(Expert) 09 February 2017
AGREE WITH KUMAR DOAB AND RK.GOYAL.
Madhava Rao Gorrepati
(Expert) 09 February 2017
Go for partition. if they claim a share in the past income you can defend yourself saying you spent on illness and maintenance Be sincere to your siblings. Everything goes smoothly, let us hope.
Kumar Doab
(Expert) 09 February 2017
As far as mother and father’s illness and old age expenses are concerned that was your moral responsibility and so was of others.
Rest their stand seems to be right.
You also need to be realistic and practical.
Settle the matter amicably.
Avoid litigation as much as possible.
You have been replied in all threads.
Kumar Doab
(Expert) 27 February 2017
Thanks for agreeing Mr. Yogen Kakade.
