Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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madhusharma (advocate)     11 November 2009

Hindu Unitedv Family Property

No partition has taken place in my family. The karta had bought 6 kathas of land  in his name from the HUF fund which now he claims as his personal property. He has also got a building constructed recently and has rented it to a bank. . My husband is four brothers. Can u pls advise on what steps we should take so that the rent from the bank is evenly distributed. We are not getting a single pie since the banks opening.



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 4 Replies

madhusharma (advocate)     11 November 2009

In 1943 a 3 acre ancestral land was given for bandobasti on a registered kabuliyat forever for Rs 1000 to a person, by my husband's grandmother when my father in law was 19 yrs old. This kabuliyat does not have grandmothers signature or thumb impression anywhere. In the kabuliyat it is mentioned that the person wld now be responsible to pay the taxes, build wells,construct buildings etc,butit is was nowhere mentioned that he could sell the land.But this land was sold by the person who had received it thru kabuliyat to another person in 1944 cosidering the kabuliyat as a sale deed.Wld like to know whether my husbands grandmother had the right to give this land on bandobasti thru kabuliyat as it was an ancestral property? Also if it does not have her signature or thumb impression ,is it a valid Kabuliyat?Wld also like to know that if it was nowhere mentioned thta the person receiving the Kabuliyat cld sell the land can that person sell the land? This we were able to identify after so many years when we recently got a photocopy of the Kabuliyat frm some other persons custody. Pls suggest what steps needs to be taken, since it is a huge property now occupied by others.

H.D.Kumaravelu (Advocate)     11 November 2009

If you have evidence to show that the property was purcashed from the funds of the HUF, Your husband being one of the co sharer can demand for his share in the rent being received, if rent is denied to be oportioned, your husband may move the civil court for partition and seperate possession of the property. In the said suit he can move an application for deposite of the rent by the bank into court. This will solve the issue.

madhusharma (advocate)     18 November 2009

The entire income of the HUF use to lie with him. None of the brothers got any share from the income nor did they demand as all were working and earning to run their expenses. The karta did not have any personal income as he was not employed anywhere. Since he had an LLB degree he along wth his friends father who was a reknowned advocate appeared in 2 cases till 1984 i.e before  the land was bought and earned some money. He now claims that he had bought that land from the money he got from these two cases, whereas while he was purchasing the land he had categorically said that it is from the HUF fund. The money was paid in cash and not cheque. How can we prove or collect evidences that it was HUF money? Pls. suggest on this. Thanks in advance.

madhusharma (advocate)     18 November 2009

The entire income of the HUF use to lie with him. None of the brothers got any share from the income nor did they demand as all were working and earning to run their expenses. The karta did not have any personal income as he was not employed anywhere. Since he had an LLB degree he along wth his friends father who was a reknowned advocate appeared in 2 cases till 1984 i.e before  the land was bought and earned some money. He now claims that he had bought that land from the money he got from these two cases, whereas while he was purchasing the land he had categorically said that it is from the HUF fund. The money was paid in cash and not cheque. How can we prove or collect evidences that it was HUF money? Pls. suggest on this. Thanks in advance.


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