LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bharati Agarwal   20 July 2016 at 13:15

Female as a karta in huf ??

Sunil Kumar Gupta Huf was constituted in 1991 with Mr.Sunil Kumar as Karta, Mrs Saroj Gupta(Wife), Ms. Sarika & Ms. Indu (both daughters) as Members. Presently both daughters are major & un-married. This HUF has maintains a SB Account and Depository Account with a private sector Bank where Mr Sunil Kumar was only signatory as karta. Both accounts have deposits. Mr Sunil Kumar has demised recently with a will. The Bank has made Debit Freeze in both the accounts and is asking for any of these for releasing the fund and shares:
01. Succession / Probate Certificate
02. Court Decree / order
03. A Registered Family Settlement Deed executed by all Legal Heirs of the demised karta.
As suggested by tax practioner, the HUF has been properly re-constituted by all three female survivors and the senior most female member, the wife & mother Mrs Saroj Gupta is designated as Karta and the two major & unmarried daughters remain members/coparceners.

A family settlement Deed is prepared by all legal heirs of late Sunil Kumar Gupta, i.e. the mother, the wife, and the two daughters to the effect that the HUF entity shall survive with three females as described above. The mother has agreed to throw her shares (1/4th of 25% belonging to demised karta) in both accounts to the existing HUF and thus the HUF shall survive in its re-constituted form. The Bank is not agreed. The Bank insist on the eldest daughter be made as karta in case of depository account, which is contradicted by practioners.

Sir(s) with due respect please thro light on the issue and clarify (in the light of amended Hindu Succession Act and other court decisions recently on the issue)

01. whether an HUF shall survive with its re-constitution where in senior most surviving female(wife of demised karta) as Manager/Karta and the two major - un married daughters as members/coparceners ?

An urgent and multiple Expert Opinion is sought as we have seen rampant ignorance about it in course of our journey for the resolution of our matter.

Thanks & Regards

naresh   16 July 2016 at 10:02

For 24x7 shop opening

Respected Sir

i want to know
if i run my sop 24x7 is any legal provision or permission is required for that

waiting for your answer

Naresh V. Korde

Aejaz khan   15 July 2016 at 19:53

FULL & FINAL SETTELMENT NOT REC

Dear team, i am worked with retail comapny for 3 years i resigned & served 1 month notice period.my last worked day was 21 may 2016 but still i dont get full n final settelment & when i call Hr she is telling that cheque is prapared & it is kept with your reporting manager which is reporting manager once he realesd she will give it to me, kindly suggest what to do, please help.

Anonymous   06 July 2016 at 09:37

Applicability of Section 37 of Partnership Act

My father & grandfather were 2 partners in Partnership firm which got dissolved due to death of my father in 2008. My grandfather without settling accounts transferred the affairs of dissolved firm to me along with all assets & liabilities & also executed an affidavit in this regard. Out of legal heirs of my father, my grandmother executed an unregistered release deed in my favour releasing her share from entire estate of my father also mentioning his share in the partnership business. Also all legal heirs executed a GPA in my favour. I formed a new proprietorship in my name keeping same name as of the old partnership firm which got dissolved. After six years from dissolution my grandmother has filed a partition suit for her share in assets of dissolved partnership & profits in my current proprietorship. My defense is based on the release deed which is valid even if unregistered because share of a partner in partnership is a movable asset even if partnership consists of immovable assets (Addakani Narayanappa, Supreme Court) & Artilcle 5 of limitation act which bars suit for accounts & share in dissolved partnership after 3 years. My question here is that whether the Section 37 of Partnership Act would be applicable to my case or not. Please note that I was never a partner in the erstwhile partnership firm which got dissolved & other legal heirs of my father are in my favour & not claiming any share.

Ravi   06 July 2016 at 00:18

Not giving relieving letter

Dear Sir, please help me....
In April month Company has issued a transfer letter to me and all employees in Bangalore asking to shift to Mumbai and said that Bangalore office will be closed by June 30. It is not a temporary transfer depending on project, it is a permanent transfer, so I said no I am not in position to shift to Mumbai and I didn't signed on the transfer letter.

Before communicating about this transfer, one day before management has sent my confirmation letter(I was in probation, notice period is 1month on probation and 3months on confirmation) through email and asked me to sign on scan copy and send back. I signed and sent it back because I was not aware of the transfer which was communicated to me after a day when management visited bangalore to inform about the Bangalore office closure and transfer.

In May month I also called HR and sent email by again clearly saying that "I am not in position to shift to Mumbai and as Bangalore office is closing, I will complete my responsibilities and please relieve on June 30 the last day of Bangalore office as I have to concentrate on my career". In call HR said yes and didn't replied for my email.

In June, I worked for Saturday's and late nights upto 10.30 and completed my all my responsibilities loyally and handed over the projects to management assigned person through email.

On June 29 HR visited Bangalore office and said that I have to serve notice period(3 months) which is not at all applicable because company is closing the office and I am not in position to shift to Mumbai, so company has to relieve me on last day.

In Appointment letter there is a point that if I refuse to transfer on company requirement, company may can terminate my employment, which is blackmark for my career, by highlighting this point HR said that you haven't resigned and served notice period, so we can't give you relieving letter and asked me to send the resignation email, as I was scared of termination, I sent the resignation email on Jun 30 saying that please relieve on today Jun 30 the last of Bangalore office.

Now there is no Bangalore office and company has trapped me by taking resignation and is forcing me to serve notice period and not ready to give my relieving letter. Again I sent email by asking to accept my resignation and till now there is no reply.

Siddhant Midha   01 July 2016 at 12:12

Debenture trust deed

I have a Debenture Trust Deed.
I have created a security by way of mortgage.
The mortgage deed is duly stamped and registered.

Is it compulsory for me to get the Debenture Trust Deed also registered?

CA Shraddha Vora   29 June 2016 at 15:20

Changes in shareholding position of listed company

In case of Listed Company, Do we need to intimate ROC as well as Stock Exchange about increase in Shareholding of Market Maker by 2% or more ?

CA Shraddha Vora   29 June 2016 at 15:09

Resignation of deceased director

Do we need to file Form DIR-11 of Deceased Director after filing Form DIR-12?

sam   27 June 2016 at 21:12

Company reject medical benifite if dependent monthy income is more than rs 6500

my company rejected my retired dependents medical benefit as the dependents total monthly income exceed more rs 6500/- i m not pretty sure about this law and don't under stand if my dependent earn slightly more than 6500 which he invested his earned money in FDS,that does mins that his medical benifit from my company should be taken out . please guide with this query.

Siddhant Midha   27 June 2016 at 17:59

Issue of duplicate shares

Before issue of Duplicate shares an advertisement has to be given in a news paper for entertaining any objections. Is there any specific number of days that should be mentioned in the advertisement during which the public is allowed to raise any objection with regard to transfer of Duplicate Share Certificate? If Yes which regulation specifies it?