Admittedly properties are brought through funds earned by parents may be from funds earned out of family business. The admission establishes that properties are ancestral. All legal heirs are entitled to claim share in the properties. Link of family business can established through facts other than pan/bank account. There must be bill, taxes paid, municipal license etc. Answer may not be for your liking but plaintiff have a good case.
HUF or Joint Hindu family business
The plaintiff born in 1953 in the suit mentioned that the joint hindu family business started with her as a minor with grandmother before 1955 and then took over a partnership in 1955. Later the plaintiff produced a certificate of a pvt company, saying that in 1956-57 the partnership was member of a private association registered under section 25 of companies act 1955. they also say father was a karta. Now grandmother died in 1975 and grandfather in 1964. The father dies in 2009, so they ask for one fifth share from suit properties ,which are bought by self acquired funds of parents ,saying that there are purchased from cash payments from minor income from the above partnership. Can a joint hindu family business member ask for share like e.g one third ? After succession act 1956, and they not having any proof of HUF like bank, PAN or any Other document Can the plaint stand? How do I quash this fraudulent plaint? Thanks fir your patience
Asked 2 years ago in Family Law
Religion: Hindu
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8 Answers
There existed no ancestral properties. In reality my parents we income tax assesses and earned and purchased the properties from their self acquired funds. The plaintiff have no documentation for huf or joint hindu family business because there was never any. I simply want to quash the false plaint.
Asked 2 years ago
The plaint cannot be quashed for any reason.
If you have strong reasons to believe that this suit itself is based on the false information or by invoking wrong provisions of law or has been filed with an intention for wrongful gains, then the suit has to be challenged on merits and documentary evidences in your possession and support.
If you strongly believe and possess that the suit was filed on some fabricated c=documents manipulating the truth then you can file a petition under order 7 rule 11(2) seeking to reject the plaint.
I strongly believe that under the give circumstances the petition under 7 rule 11 may not be maintainable hence you may better challenge the suit on merits and with the support of documentary evidences in your possession.
The property cannot be classified as HUF property just because there existed a joint family business.
Business is different from HUF property.
There are no evidences to prove that there existed a HUF.
Hence their suit is likely to be dismissed if challenged properly in the trial proceedings.
You should file detailed reply denying allegations made in Plaint and put plaintiffs to strict proof thereof
the burden of proof is upon plaintiff to prove averments made in plaint
Take the plea that these are self acquired property of deceased parents purchased out of their own funds
Dear client,
As you are saying it is a self-acquired property of your parents, then a share can not be asked by the joint Hindu family business. There are no documents for proving HUF so, the court can easily dismiss the suit on the basis of evidence.
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You can file the quashing petition before HC
You can file the quashing petition before HC