HUF

Latest Update

Updated 04.04.2020

Doctrine of election  - Estoppel  - Doctrine of election is a facet of law of estoppel - A party cannot blow hot and blow cold at the same time -  Any party which takes advantage of any instrument must accept all that is mentioned in the said document - In respect of Wills, this doctrine has been held to mean that a person who takes benefit of a portion of the Will cannot challenge the remaining portion of the Will - Will. 2020 SCeJ 469

HUF - Burden is on the person who alleges that the property is a joint property of an HUF to prove the same - To prove this, they will have to not only show jointness of the property but also jointness of family and jointness of living together – Not only jointness of the family has to be proved but burden lies upon the person alleging existence of a joint family to prove that the property belongs to the joint Hindu family unless there is material on record to show that the property is the nucleus of the joint Hindu family or that it was purchased through funds coming out of this nucleus - Merely because the business is joint would not raise the presumption that there is a Joint Hindu Family. Held,  Normally, an HUF can only comprise of all the family members with the head of the family being karta. Some property  has to be the nucleus for this joint family. There is cleavage of opinion as to whether two brothers of a larger group can form a joint family. But assuming that such a joint family could have been formed by MP and UL the burden lies heavily on the plaintiff to prove that the two of them joined together to form an HUF. To prove this, they will have to not only show jointness of the property but also jointness of family and jointness of living together. 2020 SCeJ 469

 

 

Hindu Undivided Coparcenary Property - Gift made in favour of grand son - By way of natural succession grand son would not have got the property as other legal heirs were alive - Not getting the property in the same manner as that of inheritance but one line of descendants have been totally ignored by the Gift - Property received by ancestor through gift and Will looses the character of ancestral property.  (178) P.L.R.