Hi
I want your help.
My husband was a director in a company that had a loan from a bank in 2011. The company was unable to pay the loan due to which the bank has done a case on the company in DRT for recovery of the loan amount.
My husband received a house that his father made as part of his father's will. His father died in 2020
Also I do not live with my husband due to matrimonial differences.
Now I want a share in the house but my husband says that he will need to transfer the house in his name before selling.
This will lead to complications as the bank will may try to attach the given property.
Our CA suggested that I make a HUF with I being the karta and my son and get the house transferred in the name of the HUF.
My husband is ok with this also as I can then give him a divorce.
My question is that
- can I be a karta of a HUF with my 10 year old daughter
- if the house was in the name of my late father in law now can it be transferred to a the HUF in my name.
- Can the bank object to or still claim the house if it is transferred to a HUF in my name.
Plz help
Sheena Ahuja