Huf and legal action against - unable to payment to supplier
Martin
(Querist) 19 March 2013
This query is : Resolved
HUF Family and Legal action against HUF for not able to make payment to suppliers. Please, Please, Guide me, It's very urgent and we all family members are in fear.
We are Hindu Undivided Family (HUF). We have started a business around 10 years before and business was having normal profit.
We were unable to collect from our debtors since years and there is no way to get recovered amount from them in atleast next 5 years or so and this amount is in lakhs.
Till this time, our creditor has waited a long to recover amount from us for purchase made by us from them. They were supportive BUT now One of our creditors has filed a case few months back and is under court processing?
1. What legal action he can take against House Property of HUF, House Property of any member of HUF, HUF Business, HUF, Karta, Members of HUF and specially Female Members of HUF.
2. Does all of us family member will be liable for this? OR only male member of huf OR Female member of HUF?
3. If the situation is worst and some one need to go to jail, who it would be?
Only Karta, or all Male Member of HUF, Female member of HUF or All member of HUF?
Does Female member exempt from this?
4. Does creditors can recover this amount by selling any member house property or HUF House Property or even he could not claim for sell of the house property?
Please, Please, Guide me, It's very urgent and we all family members are in fear.
Martin
(Querist) 19 March 2013
HUF = Hindu Undivided Family.
Anirudh
(Expert) 19 March 2013
I hope you have engaged a lawyer to deal with the court case.
The lawyer who is handling your case will be in a better position to advise you in this regard.
Martin
(Querist) 19 March 2013
I have not engaged.
When I said, "One of our creditors has filed a case few months back and is under court processing?"
My mean was, the supplier has send 2 notices till now to us using their lawyer.
One time, we were not at home. and 2nd time we have received the notice thats why we are right now having fear.
And before further going to offline lawyer, I found this forum where experts are there, when I was searching for the solution on google.
Kindly help us.
Thanks a lot.
Regards,
Martin
Anirudh
(Expert) 19 March 2013
Wherever you are, you have to approach a local lawyer, discuss your issues, show the documents and then take the matter forward.
Please be rest assured, immediately none of the HUF members (whether male or female) would be arrested.
This does not mean that you can ignore this issue. We are not aware as to what sort of notice has been served on you. Therefore, please without wasting any time, approach a local lawyer.
