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Chirag (self)     14 February 2011

HUF

My father recently died without making any will of our traditional business it was a HUF but my elder brother handled the business and changed the HUF to a properitory  firm on his wife name. Now he asks that there are no rights of any member of HUF?

 

What should I do?



Learning

 6 Replies

Tajobsindia (Senior Partner )     14 February 2011

@ Author

1. What is your gender?

1 Like

Ravindra Malve (Data Recovery Expert)     22 March 2011

I m Ravindra Malve residing at Nasik.In our happy married life a big thing happened .some 4 months ago my wife went to her maternal place Jalgaon along with my only son,Yash who is 6 years old and was continuing senior KG in a well reputed school here, in Nasik .

since the first day we tried to contact her as well my in-laws but in vain they ignored each time.I sent them SMS No reply yet.They also harrassed us by calling in Mahila suraksha Samiti at their place ,Jalgaon ,we went as many times as they asked for.No outcome of it.It was clear that they wanted some one who can look after them thats why my wife and my son were the target for them.Who were easily managable as my wife is very much trustful about them only.

We tried many times by many ways but in vain she didn't came.few times I myself went but no use.Now almost after 4 months we are filing for the child custody under guardianship and wards act.

Now the basic problem is Jurisdiction,We have been told by the family court authorities that we should file it at Jalgaon.But again one problem arises We wanted the case should sfought in Family Court rather than Civil.In Nashik Family court is jsut started sm 4 months ago.In Jalgaon it is not available.and civil matters become more lengthy hence i wanted to file for family court.I m abit worried for his admission at nasik,becoz I may loose the claim If he didnt attain the school.An agian amission in that school is very hard to get.


So my question is that can I ask by requsting for asking authorities to file case at Nasik as Family court is available there,as it is exceptional case ?What will be outcome of this?Can you give me the answer.If you wanted to suggest something please suggest also.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     22 March 2011

In the HUF querry  this wife husband problem came in.

Mr Malve you can file case at nashik , your wife at Jaglon.

 

REGARDING HUF YOU HAVE TO PROVE THAN ONLY FURTHER ACTION POSSIBLE.

Lidia Rodriguez   03 April 2020

Well you should contact HUF or your lawyer. He must have his lawyer and he is the only person that can give you the best advice. Do check with that lawyer he will surely resolve this matter. I hope things will get alright. I recommend https://www.myassignmentwriting.com.au/ website others to grab the helping material.

Archit Uniyal   11 April 2020

Hi,

Your question is regarding alienation of property in a Hindu Undivided Family.

In this case, as the Karta (Father) died without a will hence there will be intestate succession. Under a Hindu Undivided Family (HUF) if the Karta dies without a will, then the eldest son/daughter becomes the Karta of the HUF and the rest of the heirs become coparceners and gets their right in the property.

Among the many powers that the Karta of a Hindu Undivided family has like Right to receive and spend family income, Powers to manage family affairs, Power to settle family disputes, etc., he also has the power of alienation of joint family property.

Alienation of Property is Transfer of property inter vivos, such as by sale, mortgage, gift, license or lease (including perpetual lease)

 

The Power of alienation that Karta has is limited in nature as it can be exercised only with the consent of all family members.

When the coparcener does not give consent or is incapable of giving consent (is a minor), then the Karta can alienate property only for the following reasons: legal necessity, benefit of estate, or performance of religious or charitable purposes. This Alienation bind all family members, including minors.

 

Legal Necessity (Dev Kishan v. Ram Kishan, 2002) - Any necessity that can be sustained in law or justified in law. For example, pressure to pay off a debt is sufficient, even though creditors may not have filed a suit or threatened to do so. The test for legal necessity is that, What a reasonable, prudent person, entrusted with welfare of family and family property, will do.

 

Benefit of Estate (Balmukund v. Kamlavati, 1964)- By transfer of the joint family property or by its sale proceeds, the property or any other family estate is benefitted. Includes defensive actions for the protection of property from threatened danger or destruction, and other transfers to bring advantage or improvement in the family estate. The Karta must exercise due care and diligence.

 

Religious or Charitable purposes - Believed to bring peace, prosperity, and harmony to the family, its members and even departed ancestors like Hindu rites and ceremonies.

If Karta alienates the property without the consent of the coparceners, the coparcener who is dissatisfied is always free to demand partition of family property at any point of time.

Further, if the Karta alienates the HUF property for purposes other than the three mentioned above, without taking consent of all the other coparceners, the alienation becomes voidable at the instance of any one of the coparceners.

So as  a coparcener now you have the right to can go to the court or ask your brother for partition as he cant pass property without consent.

 

I hope this solves your query.

Regards,

Archit.

 

matthew   08 January 2021

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