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S.K. Roy (Manager)     16 June 2015

Joint family partition by karta

This is a case of HUF Partition. Two brothers A and B whose legal hiers had partitioned through agreement. Now B had 3 sons.C, D and E. A,B,C,e are dead now. D had worked outside the state and was not living in the HUF property nor he was taking any money from them. Instead he was sending money through his personal earning. Legal hiers of C is remaining 2 daughters and E has a son F and 5 daughters. 

Also C before his death had willed and trasferred his share of HUF to F thereby alienating his daughters. (C was the Karta till his death)

Earlier E was remaining and looking after the HUF property. He bought land from the money sent by D in his name and his son's F name from the money sent by D.

Now D wants to partition the property and F is refusing to part with those property in name of E and F.

Moreover the HUF house was broken down and F constructed a new house in its place and also refuses to part with it.

Since D is old and could not wait for usual process of law so is it possible that

1) Being Karta he can partition the property sou motto?

2) The property purchased through his earning by his brother E in his and his son F's name be considered as a part of nucleas of joint family and be partitioned by him.

3) This partition deed be send through post to the coparcenors of the HUF. 

4) Also send a copy of the deed to the Registrar of Land records.

 

 



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 4 Replies

G.L.N. Prasad (Retired employee.)     16 June 2015

Alwyas mention the age and calendar years of any event and year of knowledge for better understanding of the case by experts.  I have never seen proper replies, as no experts do not even look into the facts and believe the person who queries in absence of essential facts.

S.K. Roy (Manager)     16 June 2015

Dear Mr. Prasad,

Thank you for your reply.

A& B legal heirs partitioned around year 1945.

A had died before that and B was alive and died around 1946( Years I am not so sure it might be + or - 2 years.

D started working in 1960. 

E died around 2003.

C made a will in 2006 or 2007.

C died in the year 2008.

D is around 80 years and F is around 50 years.

I hope the above information suffices.

S.K. Roy (Manager)     16 June 2015

Apart from the above the property was purchased ny E during the interval 1960- 1980

G.L.N. Prasad (Retired employee.)     16 June 2015

You can never expect in any portal with that information.  A research has to be made exclusively by an advocate by constructing family tree , age of sharers, occupation etc., and do not expect response from the forum and  contact a reliable advocate.


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