Legal Question in Family Law in India

Re: recovery of funds from huf

The facts seems to be not complete. Who occupied the built up flat? What are the circumstance under which you had to get it built.

Re: recovery of funds from huf

Please let me know :

(a) How the women could raise construction when the property is the name of HUF ?

(b) Did she gave a loan to HUF ?

(c) Was any agreement executed between her and the HUF for investment of her personal funds in HUF property??

(d)Was her intention to keep her money separate from HUF OR she wanted to contributed to the HUF??

(e) How many persons are members of the HUF ?

(f) What is the relationship of woman with the Karta of HUF ?

Advocate Sudershan Goel

Re: recovery of funds from huf

for creation of right you must have title over the interest or permission from the owner.

if there is nothing then your right will remain in danger till the expiry of the limitation.

live on risk or contact lawyer to take action or advice as per your situation.

Re: recovery of funds from huf

Women have limited right in HUF. Married women cannot claim any right till their husband alives. Unmmarried can claim support amount as well as right to live in HUF property and in the event of partition they may claim share.

In the present matter, the woman who has built a flat from her self owned funds on the terrace on HUF preperty without any writing, has taken risk of her own. In the event of partition, she has to place her case with her proof /documents. If the karta has no objection than woman must obtain no objection in writing.

the woman can file suit regarding her claim if karta is refusing her claim

Re: recovery of funds from huf

It is to be seen that under what capacity you are claiming the right.Mere non objection for 7 years does not render any right in your favour.The limitation for claiming possession is 12 years.under what capacity you built the portion?Send all facts to ascertain your claim and right in order to enable to give suggestive measures. Do not loose hope.If there is problem there is also ways to solve them. In case of any need you may cal on my mobile.