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Radz Rexa   20 January 2021

Joint family resouce pool and separated

1) What is the meaning of joint family resource pool in Hindu Law? Does the money in a bank account of an individual be considered joint family resouce. If yes then how and under what circumstances?Apart from the money in the HUF account what is joint family money or joint family resouce pool? 2) If a father and his four sons put their money from their saving account to form a company, will that be a joint family business? If the shares in the company are not equally distributed at the inception of the company but but the shareholding pattern is as per the investment made for purchase of shares, can one of sons, claim and get an equal share at the time.of partition ? If such a business is referred to as "joint family business " in public and on documents, does that reference mean equal shareholding of all the sons?? 3) If a father states in his will that one of his sons (total 4 sons) is separated. What is the definition of "separated" in Hindu Law? What does it mean in reference to the fathers or his legal heirs claim on the property of the son who is separated? And can that son claim for a share in the father's property even after being separated? 4) Mr.A had 4 sons, one of son Mr.C in the year 2002 (with his wife and children) shifted out of the house where all sons and their wife, children, father and mother stay in. Does that mean, Mr.C is separated? Mr.C's father died in 2018. From 2002 till 2018, Mr.C despite being a younger brother supported his elder and youngest brothers as well as his father Mr.A and mother Mrs.A financially. Mr.C maintained the rest of his brothers and their family and his parents. Even though Mr.C shifted to another house, his blank signed cheque were kept at the.common office of his family under the supervision of his elder brother and all the funds arising out of Mr.C's firm was being managed by his elder brother Mr.B. Mr.C paid for Mr.B's son's wedding. Mr.B used Mr.C's income from his self acquired firm and made investments is his own name, some with Mr.C's consent and some without.Mr.C had also given Mr.B POA for few of his properties. Can Mr.B prove that Mr.C 's properties.are joint only because he is looking after the accounts of Mr.C? Mr.A and Mrs.A willed their properties to all sons except Mr.C in 2010. Can Mr.C challenge the will on the grounds that he has financially supported the rest of the family members and such a will would be injustice and cause financial loss and that such a will be considered invalid? Read more at: https://www.lawyersclubindia.com/#


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 1 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 January 2021

Long Winding & Vague Query.
Kindly prefer to coordinate with a local Property Lawyer, for your requirements & solutions.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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