Huf's right in self earn & self acquired property

Arati Gawde (Querist) 21 April 2013 This query is : Resolved
One of the member in H.U.F earn there own self acquired property, in this case can other H.U.F. members asked for there share in this property?

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INGLE G.[ADVOCATE]9421657505 (Expert) 21 April 2013
no but if the property is purchased for the benifit of h u f then limited scope is there

Raj Kumar Makkad (Expert) 21 April 2013
If the property is self acquired then HUF has nothing to do with it.

Amit Soni (Expert) 22 April 2013
If he is karta than there would be some chance for other members. As he is in the position to use the funds of HUF in his personal interest.

Arati Gawde (Querist) 22 April 2013
Thanks for expert advice.

Can any one suggest me any citiation of case law on above stated case. Becase here in this case this HUF member is an apprehension that other HUF members may ask for there share in his self acquired property.

adv. rajeev ( rajoo ) (Expert) 23 April 2013
If he has got gains of earning then you cannot ask share in his self acquired property. If you want share then you will have to prove that whatever earned by one of the member is out come of the income of HUF

Raj Kumar Makkad (Expert) 23 April 2013
There are many case laws but you have to make labour for this purpose for searching on indiankanoon.org

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