Father's H.U.F & Partition in H.U.F.


I wish to ask d partition in My Father's H.U.F.
Can i ask for d same ?
Wat all should i take into consider ?
wat all should i need ?

Reply..

& How to get / bring d details of My Father's H.U.F. property's whose IT RETURN is not being filed ??
has 3 property's. i know d property's & their details..but dont have any proof or documents for d same as IT RETURNS r not done till now..
getting rent of abt 30K.. & 1 property is being used personally by My Father itself..

 
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Retired employee.

Contact a local advocate and take his guidance and through him serve a notice for partition.

 
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Lawyer

Do you enjoy SMS language for seeking an obligation of experts ?

 
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Advocate

Are you a member of the HUF? Is your father alive?


Total likes : 1 times

 
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yes Sir ji.. M a Member / coparcener of My Father's HUF..
Father is d Karta of HUF & He's ALIVE..

Total likes : 1 times

 
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Dr.Saheb.. is it wrong to use dis platform for getting some valuable advice ??
 
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Advocate

As a coparcener and member of the HUF you are entitled to your legitimate share in the HUF property.

You can seek your share in the property as a right 

 
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Advocate

 Meaning of Partition: – Partition is the severance of the status of Joint Hindu Family, known as Hindu Undivided Family under tax laws.

 In total partition all the members cease to be members of the HUF and all the properties cease to be properties belonging to the said HUF

Partition could be partial also.

 
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Advocate

  • It should be kept in mind that all coparceners are members of a Hindu Undivided Family, but the reverse is not true
  • The sons and daughters of a deceased coparcener become members and coparceners of the HUF automatically

Under the Hindu law, any co-parcener can make a claim for partition.

 

It is not necessary that other co-parceners should agree to the partition sought by one of the coparceners.

But merely because one member severs his relations with others there is no severance between others. {CIT vs. Govindlal Mathurbhai Oza – [1982] 138 ITR 711 (Guj.)}

The other members continue to remain joint.

 
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Advocate

A father in his right as patria potetas or otherwise can effect a partition between himself and his son of the joint family property of HUF. However, he has to allot equal shares to the sons.

The father is expected to act bona fide and only aggrieved party can seek relief by way of appropriate proceedings. However, till such a partition is held invalid by a competent court, it must be held as valid.

 

As far as the ITRs are concerned you can obtain the details from IT department by submitting an application under RTI act also as a member of the HUF

 
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