Expert guidance
hello good day
(Querist) 25 September 2011
This query is : Resolved
sjt.
namaste.
regret to disturb and thanking you in anticipation for your guidance.
in redevelopment, a flat has been allocated in exchaange of two tenancy right of two flats belonging to my father & grandpa respectively.
grandpa has filed a suit & rejoinder against builder in which he tries to project himself as KARTA of JOINT FAMILY with supporting documents belonging to him only.
like to know by filing the suit & Rejoinder as KARTA of JOINT FAMILY and not joint/co-owner of flat,
does this flat automatically become an JOINT FAMILY / HUF property ?
as a necessary party, if my father will have to join later
then
will it automatically mean it is my father's mutual consent/willingness to term this flat as JOINT FAMILY / HUF property ?
then what is position of present INDIVIDUAL SHARE of my father ?
regards.
gautam.
R.Ramachandran
(Expert) 25 September 2011
Please indicate whether the property in question was ever partitioned between your grandfather and your father?
hello good day
(Querist) 25 September 2011
no,
rent receipts of old flats, mtnl line [telephone], gas connection, ration card all are individually under the name of my father & grandpa separetly.
R.Ramachandran
(Expert) 25 September 2011
If the property was never separated / partitioned, it only means that your Grandfather is the KARTA and he has every right to represent himself as KARTA in regard to the HUF. What is there to object? When Karta is present, nobody else has got anything to say or do. By saying that he Karta (which in fact he is), he is not doing anything that is against the interests of the HUF. The very mention that he is a Karta means that he is one of the coparcenars i.e. joint owners. He need not separately say so. Those who know the law, clearly knows that by Karta he only means that he is the Karta of the Hindu Undivided Family. HUF means there are other members who have interest / right in the property of the HUF.
So, you would be advised not to make an issue unnecessarily where none exists!
prabhakar singh
(Expert) 25 September 2011
KARTA in other words is manager of family and
has right to manage huf as he foresee better.
hello good day
(Querist) 25 September 2011
hello to everyone,
good day.
i feel i fail to explain.
to give better picture of the query, i try to explain with Request to give your expert advice/remedy:
Background:
My father and grandpa were tenants occupying tenanted property.
Under the scheme of redevelopment, they surrendered their tenancy right in the above tenanted property in return of allocation of one big flat in the redeveloped property to be jointly owned by my father and grandpa.
on a condition “ HIS [ my grandpa’s NAME is as a FIRST HOLDER in Documents and Society", my grandpa had agreed to join. though diff. Between the area of surrendered premises of my father & grandpa is in 3:2 ratio respectively.
Though they are the joint co-owner as per the redevelopment agreement, but builder/developer had NOT ONLY taken the signature of my grandpa ALONE - since he is familiar with him – on the two legal deeds of undertaking on rs.100/- stamp papers while the flat had been handed [occupational certificate has been issued in my grandfather’s name ] BUT ALSO keep his first name in share certificate of the society.[never asking my father’s permission for doing so ]
When my father draw the attention of my grandfather to the absence of his name on stamped paper, then he simply informed it was sheer a TECHNICAL ERROR and nothing will be harmed to your RIGHT. However if you wish to take the objection you can but it makes no difference. So my father has not paid any attention further.
There has been no agreement or arrangement between my father and grandpa.
After the property was allotted, it was observed that short area was provided. Hence, grandfather filed a complaint before the Consumer Court.
while filing suit my grandpa has submitted only documents belong to him in his name [such as rent receipts, electricity bills, his id proof etc.]
The Builder's advocate raised the objection that since only my grandfather had filed the complaint, the complaint is invalid as the property is jointly held by my father and grandpa.
In response to the same, attached REJOINDER has been filed with the Consumer Court by my grandpa.
in spite of presence of RATION CARDS, MTNL PHONES ; GAS CYLINDERS ; RENT RECEIPTS of rented premises under two individual names :
Query:
1. Under the legal proceedings in the above mentioned dispute with the builder, my grandpa has already shown this property as joint property in his rejoinder.
like to know that then can it be changed the status of the property ?
2. If my father will become a party to such a proceeding at later stage in the name of NECESSARY PARTY
then is it taken for granted that it is his mutual consent to term it as joint family/HUF property.
In that case what is the remedy ?
3. like to know whether the individual share of my father will be affected?
In other words, whether, by relying on the attached submission,
can my aunties take it as a joint family property to claim their share on entire property ?
thanking you in anticipation of your guidance.
Regards,
gautam.
Raj Kumar Makkad
(Expert) 25 September 2011
1. As these are 2 separate properties, you grandpa has got no right to club the property of your father with him and declare it as joint. He may say so about his property as jointly possessed by him and your father. Thus merely filing a wrong document (rejoinder), the status of property of your father cannot be changed.
2. No. Even if your father joins, it shall not be treated as his consent rather I suggest him to become a party to ongoing liigation ahd should clear the things.
3. Though the property of your father is not under litigation but keeping silence over the wrongful representation of your grandpa may definitely create various rifts in your family at later stage and legally you may be loser.
