Huf
L.k
(Querist) 19 April 2015
This query is : Resolved
X who is 92 years old made a three storey house and registered it under HUF in 1970.
One of the floors is given on rent and rent recd. amounts to Rs 10,000 the entire money is used for maintenance of the house and on the other two floors the rest of the family members stay.
x has three sons now one of his grandson and son torture him and ask for rent and argue that since they are coparcerner they are liable to demand the rent.Since X , the KARTA is old they torture him by saying that they will take him to court When he refused to give the rent they have installed several appliances like AC,HEATERS etc that they use the entire day other coparceners do not use any such appliances they are doing this so that the electricity bill increases and the Karta gets troubled.
They abuse the karta torture him and harrass him and his wife they are doing all this since he is the eldest son and would be the next karta,
My question is -
1) Is there any remedy available for Karta in the HUF that he can use in such circumstances against the coaparcener who torture him
2) Since the electricity bill would come in Karta's name he would be liable to pay it but the income earned is not sufficient to meet such expenses also he cannot ask other coparceners since it is being increased only because of one son and grandson and they refuse to pay the increased bill and infact harrass and threaten him
3)Is Mr x's sisters and there family members including there sons and daughters , also a member of this HUF though the money is ancestral money but they have taken there share from the ancestral money that was put to forming this new HUF i.e the three storey house and this HUF is registered in 1970 and back then daughters were not given a right
It is extremely urgent if somebody could please help me
T. Kalaiselvan, Advocate
(Expert) 29 April 2015
If one of the coparceners is evidently indulging in such undesirable activity, the karta can always put restriction or hold them responsible, however, a personal consultation with the local lawyer would enlighten more avenues in this complex situation.
