Recovery suit for huf property
rv
(Querist) 12 July 2016
This query is : Resolved
Daughters filed suit for partition in 2007. Defendants claimed possession and submitted a gift deed of HUF house by father registered in 2004. The house is in individual name of the father and he gifted it in his individual capacity without mentioning HUF at all though he continued to file tax returns of rental income as Karta. The gift was denied by the plaintiffs but not challenged in a separate suit/application. Question 1. Is the gift void ab initio as the donner was not the owner of the gifted property? 2. Will it help if plaintiffs file a recovery suit now before 12 year limit period is over ?
Shonee Kapoor
(Expert) 15 July 2016
1. YES, it is void ab initio as the doner had no right to donate.
2. Seperate suit is not necessary as the property is under litigation right now.
Regards,
Shonee Kapoor
www.shoneekapoor.com
