Karta has transfered complete amount
Querist :
Anonymous
(Querist) 02 August 2021
This query is : Resolved
Hello,
We are in a situation where we need some advice around the family huf law. To describe more the Karta of the family Huf has transferred the complete money into his wife's account without any prior notice or intimation to the huf members. The reason for the transaction is unknown and the karta is in denial of such transfer.
But as an evidence the transaction amount is clearly visible on the HUF statement along with beneficiary name details.
Can this we call this as illegal and cheating?
In such case, what are the next actions we can take to recover the the amount which is meant for family wealth and welfare as a whole unit. Can we claim for dissolving the Huf and distributing the amount among the members.
Thanks
Dr J C Vashista
(Expert) 02 August 2021
Karta being head of HUF has all rights to dispose the property / amount to any one.
Sort out the issue(s) within family.
Advocate Bhartesh goyal
(Expert) 02 August 2021
Yes, Karta has power and right to dispose off any property of HUF without consent of its members but such transfer mist be in the interest/benefit of estate or requirement.If Karta dispose off or transfer the HUF properties for individual/personal benefit then such transfer is challengeble
SHIRISH PAWAR, 7738990900
(Expert) 02 August 2021
Hello,
Yes Karta has to act as head in the interest and welfare of huf members. Consult with local advocate and take legal action for accounts and recovery.
Shashikant V. Patil
(Expert) 02 August 2021
Being Karta of HUF is a Manager of the family, and he has several rights to sale purchase property , financial powers which are within the parameters of family welfare and development. But in your case, being Karta , his motive is selfish and greedy to obtain money for his wife and himself without considering family motto. You may question him for such act. And if you all family members are not satisfied, ask for separation/partition in the property and money matters.
P. Venu
(Expert) 02 August 2021
Yes, the best option is to set the process for partition in motion.
