Legal Question in Family Law in India

Claim, Partition & Rights/Share

1.Can the Karta claim back his own & funds received from the partion of other properties that he has put in the dwelling house at the time of partition of the dwelling house.

2.Can the other members also claim their funds back . 3. Is it true that if funds are given from the sale of HUF propoerty to a woman , it become her own , while if the funds are given to a man , it retains the huf nature.

4.What are the rights/share of a divorced lady in an anscestral dwelling house property before & after partition


Asked on 5/08/07, 2:34 am

4 Answers from Attorneys

JUZER UDAIPURI M/S. UDAIPURI & COMPANY

Re: Claim, Partition & Rights/Share

I am in full agreement with the opinion of Mr. Sudershan Goel, Advocate.

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Answered on 5/09/07, 7:24 am
rajeshwar sharma rajeshwarnathsharma

Re: Claim, Partition & Rights/Share

Depends upon the circumstances of each case. Karta can claim back the funds for the benefit of HUF if the status of HUF is in continuation otherwise not.

2. By way of partition of HUF properties

3 in case if the karta of HUF distributed the funds of HUF amongst HuF members than the same will be count as absolute.

4. If there is any term or condition in the divorce order than the same may be excuted as per the right. A divorced lady can enforce her right permissible under law against the share of her husband

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Answered on 5/09/07, 11:58 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Claim, Partition & Rights/Share

1. No. Karta cannot claim back funds contributed by him in dwelling house of HUF

2. No member can claim back the funds contributed in a joint property. they only get their share on partition.

3. Yes. The funds in the name of male member remain HUF property ONLY if he constitutes his own HUF with his male descendents and not otherwise; he will have no HUF if he does not have a male off-spring;

4. A divorced lady is entitled to maintenance and she can have a charge against the property - this is before partition; on partition she may claim maintenance against property falling in share of her husband.

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Answered on 5/08/07, 10:13 am
G. M. Gupta gmguptaandassociates

Re: Claim, Partition & Rights/Share

send the question in detail and parawise to get the proper answer. things are not clear in this question also tell that what actually u want

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Answered on 5/12/07, 11:14 am


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