Dear Sir/Madam, My Father is karta of his HUF (say “FatherHUF”) and I have one married sister. Therefore coparcener-members are (i) Father (karta) (ii) Sister (ii) Son myself and a non-coparcener member(iv) Mother. I am karta of my HUF (say “SonHUF”) with coparcener-members as (i)Son (karta) (ii) daughter and non-coparcener-member as (iii) wife. “FatherHUF” has ancestral agricultural land with income as say 1,20,000/- per year. “SonHUF” has just share in property (and income) of “FatherHUF”. Son and wife undergoing divorce case and wife filed CRPC125 on behalf of daughter. My questions are:
- Can Father (Karta of FatherHUF) distribute all yearly income of 1,20,000/- among HUF. Do wife and mother (non-coparcener members) has any share in the yearly income of HUF or it will be distributed among coparcener-members only.
- Can wife (herself or on behalf of daughter) file case (crpc125 or anyother) to bound father (Karta of FatherHUF) for above mentioned distribution of yearly income. Can Karta deny the distribution of yearly income using his authority?
- Can wife (herself or on behalf of daughter) file case for partition of “FatherHUF” and thereafter “SonHUF” to get her or/and daughter share in ancestral agricultural land of “FatherHUF”. Can Father (Karta) show his reluctance for the partition to court , with plea that he has plans for more children therefore exact numbers of coparcener-members are not fixed till he is alive.
