Need citation on karta of huf can sue /be sued & karta can open partition
nishant
(Querist) 19 March 2012
This query is : Resolved
Hi experts,
facts of my case-iam plaintiff, Actually i have argued for before JMFC that karta of HUF can open partition & can sue or be sued. Defendent is taking objection that as per hindu law karta can not sue for partition? I think Court is confused on this point?
1) so i need citation on karta of HUF can sue & be sued
2) Karta can file suit for partiion?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 19 March 2012
Dr. Harishankar Gaur was a great Lawyer from SAGAUR MP IN British days. From his wealth a University has been established there and it is functioning as one of best in India.
He had given very simple secret tricks to win in court cases.
One of them is=
In case of doubt, make it sound convincing.
You can try this.
Ghanshyam Prasad
(Expert) 19 March 2012
karta can sue and can be sued.you go through hindu Law by Mulla which is authority.
Raj Kumar Makkad
(Expert) 19 March 2012
Narendrakumar J Modi v. CIT 1976 S.C. 1953
Facts: - Baplal Purushottamdas Modi was the head of the HUF. Joint family possesses many immovable properties and carried business of various types such as money lending, etc. He executed a general power of attorney in favor of his 3rd son, Gulabchand on Oct 5, 1948. On Oct 22, 1954 Baplal relinquished his share. On Oct 24, 1954 the existing members of the family executed a memo of partition. However, the order accepting partition was not passed, the contention of the appellant was that Gulabchand couldn’t be a karta because he is a junior member and other members of the family did not accept him as a karta.
Judgment: - It was held that Gulabchand was given the power to manage by Baplal because Gulabchand’s elder brother was an aged man of 70 years. And also the father of appellant died in 1957. So, under such circumstances, Gulabchand appears to have acted as the Karta with the consent of all the other members and hence the appeal was dismissed.
