Dear Experts, Writing to you on behalf of my father. My father constituted a HUF in 1960. Post this he purchsed properties in name of the HUF. In 1969, my father and mother under natural causes passed away leaving behind, 4 sons - 3 minor and 1 major. I was at the time the eldest brother and hence became KARTA of my family. As KARTA, I managed properties in name of HUF. In 2015, I and my brothers tried to partition the HUF. As KARTA, I demanded extra share and requested my brothers to divide the HUF property in 5 parts - 4 co-parceners and 1 Karta. Now, for 2 years we have been talking about this and I feel cheated since I took care of the HUF property as KARTA. As per my knowledge, I am legally right in demanding an extra share as KARTA. Looking for feedback from experts to check whether I am legally correct in my demands.
It, not at all, the Karra doesn’t ask for the extra share as it is the duty with obligations and responsibility but not to ask something extra for it.
But, yes if others with mutual consent want to gift or relinquish a part of it then they can do so.
Hello,
this does not matter that you took care of the HUF for this much time. If you have maintained accounts in joint family with your contribution shown as loan to HUF, you would be entitled to recover the same at the time of partition. At any rate, such accounts, if maintained, are only matters of evidence.
If there is a consensus among the family members at the time of partition to give a larger share to anyone for whatever reason, there could be no objection. In fact, partition to be valid need not be equal.
NOTE THAT If there is no such agreement, the respective shares as on date of partition would be governed by the law, so that any claim for adjustment for any expenses incurred by any member for the joint family at the belated stage of partition may well depend on the consent of the other members.
Regards
you are not entitled to any extra share as Karta of HUF
2) amicable settlement is best option
As a elder male member in the family it is your duty to manage the family and its properties to which you are called the Kartha of the HUF.
However as member of the HUF you can claim your share in the properties but not as Kartha. No extra share can be allotted to the Khartha in HUF.
As per Sec. 171(9) of Income Tax Act, the partition of assets of HUF all the properties of the family are divided amongst all the members of the family, and the family ceases to exist as an undivided family and Partition can only be claimed by a coparcener.
So the asking of extra share for being a Karta of HUF is not legally admissible.
If you have spent for the interest of HUF in form of loan and the same is accounted in the accounts of HUF you can demand a extra share to compensate the same. Even if it's not accounted and the coparceners are agreed to your extra share then too you can get the same.
1. The karta is not entitled to any extra share. Having managed the properties of HUF does not entitle you to claim any extra share. The duty of karta is to manage the properties, for which he cannot claim any extra share.
2. You can claim your share in the property, not over and beyond it.
Dear,
After partition of the HUF property, all the right holders will be entitled to the equal share in the property and legally speaking, you as a Karta of the HUF, will not be entitled to extra share on the ground that you have managed the properties in the name of HUF after the demise of your parents. However, the extra share can be obtained from your brothers provided you convince your brothers to relinquish part of their shares in your favor and if it is mutually decided and if they can forgo a part of their share, you will get extra share in the HUF property.
hi, you can file a suit for declaration in court in order to claim your extra share in the property
Dear Client,
In the Hindu Joint Family ‘Karta’ or ‘Manager’ occupies a very important position but under law of inheritance, u cannot claim extra share but only by mutual consent/settlement of heirs if they are willing to relinquish/renounces their share in ur favor.
OR partition which they don't object extra share in ur favor.
There is no such klaw entitling the Karta to have more rights than the members in the partition of the HUF property for any reason.
Partition is the severance of the status of Joint Hindu Family, known as Hindu Undivided Family under tax laws.
Under Hindu Law once the status of Hindu Family is put to an end, there is notional division of properties among the members and the joint ownership of property comes to an end. However, for an effective partition, it is not necessary to divide the properties in metes and bounds
A father in his right as patria potetas or otherwise can effect a partition between himself and his son of the joint family property of HUF. However, he has to allot equal shares to the sons.
The father is expected to act bona fide and only aggrieved party can seek relief by way of appropriate proceedings. However, till such a partition is held invalid by a competent court, it must be held as valid.
Apporva Shantilal Shah vs. CIT [1983] 141 ITR 558 (S. C.)
Hi,
Though you are correct, but consult some local advocate and know about the local rules/laws if any.
