(Querist) 01 July 2009
This query is : Resolved
hello sir, I have an unfortunate situation before me please help me............my grandfather has five sons my father being the eldest. all are engaged in different businesses we have a joint family no formal or informal partition has been done....every male member (my grandfather, father, uncles) have formed HUF and file IT returns for HUF & individual.
the family properties are owned jointly as well as individually by different members including me.
one of my uncles(A) who does business from a shop owned by my grandfather (he does not have any other income from job etc) he(A) has another shop on his name individually he says this shop is on his individual name n this will not be included in family partition everyone else is against this he(A) will not listen to any elders ,relatives regarding partition he(A) intimidates my grandfather so a will by my grandfather is very rare possibility.......
the properties have been purchased from time to time by joint family money based on availability of capital on a members books of account.......other members have properties individually too but agree that all properties are joint family properties regardless of owners name (all properties were purchased by mutual consent) ........... what should me or my father do? please advice……
what’s the maximum ad valorem court fee for partition suit? I have heard it will take 10-15 years n our businesses will be ruined…….please suggest how should we go about it…..
Y V Vishweshwar Rao
(Expert) 01 July 2009
1- Regardign the Partition of the Proerties - as you asserted that the proerties are joint proerties notwithstandign the individual names on the proerty , if this can be proved , partion Suti is correct
2- So far the Business are concnerend , it is true suit proceedings will effect the Running Business - However the Business assests / firm can also be included in the partion suit with out much disturbing the running Business !
3- In Lower court a partitin suit may be decided with in 3 or 4 years ( subject to local Court Work load & old Pendign suits /matter
In your case those properties are ancestral nature and those considered as joint family property narrowly copercenar property.
when the Hindu undivided family has joint family property presumtion is that the properties are joint and the burden lies on the person who alleges disruption of joint status.
File a partition suit including all the porperties and family business as sugested by Mr. YVV Rao and it will be decreed with in two to 3 years and also its depend upon paries interst and contact any local and effecient lawyer inthis regard.
(Expert) 02 July 2009
dear gaurav according to hindu law,If properties are of ancestral nature then those properties considered as joint family property and such property is liable for the partition. but if a property is earned by the personal skill of a person(without any add of joint family property) then in that case such property is not comes within the subject matter of partition. In ur case the shop owned / on the name of ur uncle(A),which u want to take in as the subject matter of partation, u must hav to proof that such property is either earned by the add of joint family property or ancestral in nature. thanks