HUF partitioned wrongly partially 12 yrs bk, what recourse?
R Maheshwari
(Querist) 20 December 2017
This query is : Resolved
COMPLICATED CASE-- Hope to get good viewpoints from respected experts.
ILLUSTRATION OF CASE:
1)
HUF OF A, CALLED 123HUF CONSISTED A(KARTA), B(WIFE OF A), C(SON OF A), D(DAUGHTER OF A). Daughter in Law added as member in 1999, Let us call her E.
2)
A expired in 1999 end. Leaving behind C as Karta, and B,D,E.
3)
31/12/2004, HUF dissolved, and all assets liabilities FUNNILY distributed ONLY among B and C in personal files, who on 01/01/2005 throw their full assets and liabilities into forming new Partnership456.
4)
B,C,D again create old huf (slightly different name) in around 2008-09, by way of gift deed.
5)
B and C run this partnership456 as partners till March 2011.
6)
From April, Partnership dissolved and all business thrown into the re-formed huf as in point 4 above.
NOW:
a) Is partition under point 3 above legal (as it was partial, not full partnership)
b) If not legal, how can daughter in law E claim her rights and become part of it again or restore old status?
c) If not legal, is everything done from time of partition and later standing as null and void? How?
d) If partition was legal, HOW?
Await points of view. This is a real case scenario, is complicated and I am confused.
Regards.
P. Venu
(Expert) 21 December 2017
Why illustration - post the facts!
P. Venu
(Expert) 21 December 2017
Why illustration - post the facts!
J K Agrawal
(Expert) 21 December 2017
Do you know meaning of HUF?
Do you know about partnership?
Wife and Daughter in law are never member of HUF.(but they can be partners)
Even daughter also not part of HUF. She is counted only as HUF mamber at the time of succession after amendment in Hindu Succession amendment Act 2005.
Dr J C Vashista
(Expert) 25 December 2017
Well analysed and advised by expert Mr. J K Agrawal, I agree.
HUF do not include daughter (before 9th September 2005) and daughter -in law during life time of son.
Discuss with a local senior lawyer with full facts of case, but not illustration.
