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Meha Harish (Proprietor)     21 April 2016

Karta refuses dissolution of huf demand by other coparceners

My maternal grandfather is Karta of HUF (age 83) consisting of his self occupied flat at Pune and demat account  of substantial value at a bank at Pune. He has 2 sons and daughter (my mother) – all living separately in Mumbai and having independent business since past over 25 years. My maternal grandmother died in 2008. All 3 brothers and sisters have demanded total partition of HUF in equal shares be sending email to his lawyer and financial advisor (Karta is totally illiterate and asked all 3 children to approach them) but the Karta is refusing to act because he does not get along with any one of them. He also refuses to give copies of bank statements and balance sheets and also refuses to pay any amounts for urgent medical / education needs of children.

1. Pls advise any legal options to enforce the partition preferably which does not involve high court fees.

2. Can other coparceners replace the Karta by passing resolution to replace the Karta.

3. At time of dissolution of HUF, I being daughter’s daughter have a right on settlement amount?? If yes, how much?? The 2 brother of my Mom have 1 child each.

4. Do the grand children need to be part of legal proceedings / settlement deed??

Thanks in advance.



Learning

 3 Replies


(Guest)

 I will tell all old people in all places are same.

Better tolerate them the way they tolerated us when we where children or baby. 

Now at this age consider them as your baby . 

And Scenerio is same with all old people in the society.

This is first legal query inspite of knowledge prefer not to ans. 


(Guest)

If you are Marathi person , then your grandfather will also comment you all will make me Nata Samrat.

Anand Bali Adv. (Advocate Solicitor & Consultant)     22 April 2016

Only Coparcener members of a HUF can demand Partition however the grand children of the coparceners can only claim their share through the coparceners. Now with effect from 2005 amendment all the girl children are having equal right in the HUF property as a coparceners with equal rights to all male members of the HUF. In your case without the willingness of Karta any "coparcener member" of the HUF can demand partition in the property of a HUF. However any settlement of property among the members only will be accepted when all the members agree to it. 

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India

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