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Kitabkaur   28 February 2023

Will not followed for partition

Karta's will was not followed for partition in property.


 4 Replies

Murtuza@8720884473   28 February 2023

Issue notice go 4 civil suit seeking declaration and injunction

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     28 February 2023

File declaration suit.

1 Like

Dr J C Vashista (Advocate)     01 March 2023

A HUF is managed by Karta who is usually the senior-most living male member of the family. Karta has some unique powers by which he can decide how the joint family is being run, how the members are being maintained, and who is getting what. He can choose to dispose of the property in case of an emergency or when there is a necessity to do so.

A Karta can also delegate some of the powers of management of affairs to a manager. The manager need not be a family member of the HUF and can also be a paid employee instead.

In a landmark judgment in 2016, Delhi High Court clarified the status of women as Karta of a HUF. The court said in its verdict that daughters can also become Karta of the HUF. The rights of females under Section 6 of the Hindu Succession Act, 1956 has been expanded with this clarification. So HUF is a unit and all its affairs are represented and looked after by the Karta, and no outsider can be admitted to its fold except by adoption by agreement or otherwise.

Where is the question of "will" of Karta in HUF who is succeeded automatically.???

1 Like

Kitabkaur   01 March 2023

Because karta had divested some of his property to a religious charitable trust of which he was a settler. But the heirs hid the registered will produced the death certificate and got property.

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