party as HUF in partition suit
surjit singh
(Querist) 26 July 2015
This query is : Resolved
In an earlier partation suit which was dismissed on 1998 for non prosecution the karta of the family was not made as a separate party in new partition suit we are making the karta as a party as HUF as well as kindividually. In the earlier suit there were some agricultural plot which were left out and some were wrongly mentioned because all the documents at that time was with karta.
Now in the new partition suit we are making the karta as a seperate party as HUF as well as individually. Since 1988 we are having seperate kitchen. Most of the land documents are still with karta i.e. eldest brother of my father, but we are now able to procure the correct plot numbers.
My query is (1) whether making karta of that time as party in new suit will affect the new partition suit?
(2) Since there will be difference in plots number in the schedule as compare to the earlier suit. Will it affect the suit.
Rudrawar Narayanreddy
(Expert) 27 July 2015
dismissal of earlier suit for non prosecution will not effect your case. you have to plead that there was settlement between members and wanted to continue joint so did not pursue the earlier suit. also plead now you/plaintiff wants separation.
law of joint family is clear when the parties want can demand separation. It also depends on the pleading earlier suit. if you had pleaded in the previous suit that you are not in joint possession then they may plead ouster.
surjit singh
(Querist) 27 July 2015
In the earlier suit of 1991 we pleaded that these are in joint possession and the other side accepted it only thing is in the earlier suit some plots numbers were wrongly inserted and some were by mistake left out now we have come to know the plots number and in our new suit we have corrected the plot number. My two query above is about 1) Inclusion of HUF as new party in the new suit which was not there in the earlier suit and 2) affect on the new suit where the plot number is different as compare to the suit of 1991.
Rajendra K Goyal
(Expert) 27 July 2015
All the documents and previous decision /full case fie need to be referred, consult local lawyer.
Rajendra K Goyal
(Expert) 27 July 2015
Repeated query:
http://www.lawyersclubindia.com/experts/party-as-HUF-in-partition-suit-550121.asp#.VbYq67Oqqko
M V Gupta
(Expert) 28 July 2015
My answers to ur queries are-- 1.HUF is not a legal entity. It is always represented by the Kartha. Hence the suit for partition should be against the Kartha of the family. One of the ways to describe the HUF is - "XYZ HUF represented by the Kartha Mr.R." Mr. R also should be made as second Defendant in his individual capacity as co parcener, as he is resisting partition.Hence inclusion of HUF will not affect the suit.
2.As the earlier suit was dismissed for non prosecution, it is as good as not filed. The new suit will not be affected if the correct plot details are mentioned.
surjit singh
(Querist) 28 July 2015
Mr gupta whether any depostion made by witnesses in the earlier suit has any bearing on the present suit and whether i can use the deposition of witnesses coming in my favour.
