Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jitesh Kumar Jain   24 March 2020

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..



Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     25 March 2020

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

Dr J C Vashista (Advocate)     25 March 2020

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

P. Venu (Advocate)     25 March 2020

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

1 Like

Jitesh Kumar Jain   25 March 2020

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

Jitesh Kumar Jain   25 March 2020

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

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

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 

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

 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.

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

  • 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.

T. Kalaiselvan, Advocate (Advocate)     25 March 2020

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

Jitesh Kumar Jain   25 March 2020

T. Kalaiselvan Sir.. 👏
1. My Father, Karta of HUF, is intentionally not filing IT Returns of HUF & misusing d income of HUF Properties.. How to tackle dis ?
2. I have already filed RTI, but derz no reply till now.. wat else can i do ?

Jitesh Kumar Jain   25 March 2020

i have a son & a daughter..
will they both also getz d share in my Father's HUF ??

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register