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Suit for possession and injunction by karta
15-Oct-2024 (In Property Law)
Karta of the huf suit property has filed a case against his own wife to kick her out of the suit property. Other family members are daughter and son and have not been made a party to suit. Is this a valid suit. If children file a suit for partition will their mother right in the huf property at time of partition.
Well, if you are the wife I would suggest you to file a Maintenance case under sec 125 crpc and seek for residence orders under sec 19 of the domestic violence act read with sec 26. Simultaneously, you can file the partition suit invoking the principal of lis pendens in the same court without filing multiple cases before multiple courts. You may consult me in that regard.
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Adv. Puneet Srivastava
Delhi | 700+ Answers
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You need to hire expert advocate to hire to first evaluate all the documents and then to file appropriate written statement and according to file 7/11 application if applicable !
Kindly be in touch to discuss this matter
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Adv. D. Khan
Delhi | 1000+ Answers
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The daughter and son can file an impleadment application in order to determine their rights and get them adjudicated in the case filed by the karta of the HUF family. In so far as suit for partition is concerned and member of the HUF can file and seek for partition by metes and bounds and the share will be equally divided and determined in accordance with law
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Adv. Alankrit BhatnagarÂ
Delhi | 100+ Answers
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Karta is a position given by law to manage the property and to take care of the property and the ancillary finances involved in it. Under that circumstances mentioned above it is needed to be ascertained as to under what capacity Karta has file suit against his wife as being karta of the property or claiming Dejure ownership of the property. Epson and daughter are also part of the Hindu undivided family there is a prime model consideration to ascertain whether they can be a necessary or proper party in the suit. however from the outer view point necessary party in the suit.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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