Burden of proof is upon sisters to prove allegations made in suit
2) if they are unable to prove these it was purchased out of funds of joint family business suit would be dismissed
Can a grandmother run or carry out a business with her 2 year old nieces?
My Sisters claim that my parents properties were purchased from the funds of a Joint family business run by their grandmother and them when they were 2 year old ? Can an adult initially run/carry on a non ancestral business with two minors only? They further went on to claim that this business took over another business viz. an existing partnership firm with other relatives like cousins . They are trying to make a fake case of Joint hindu family to stake a claim on parents properties. They further claimed that father and mother had no independent source of income and were not income tax assesses and that Father was ostensibly Karta of the joint family business. Actually my father earned from 1945 and mother from 1955 and they purchased a property jointly and two others were purchased by my mothers from her self acquired income. Kindly help us in unrevealing this fraudulent case. thanks.
Asked 3 years ago in Business Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
6 Answers
Between the years in 1955 and 1961 how can one show in the assessment order that spouses or minors income was clubbed with the individual: Any particular section i should be looks for? Can Minors file income tax returns and have income tax numbers in their own names between 1953 and 1972 legally or are they just fake claims? Thanks
Asked 3 years ago
Under section 64(1A), any amount that is received by a minor will be included in the income of their parents and the taxes on that income will be the same as the tax on parent’s income.
2) There is no specific age limit to file income tax returns for children. All that matters is not age, but their income.
The claim made by your sisters are nothing but a desperate attempt to somehow grab the properties in which they do not have rights for a share by hook or crook.
The suit if any filed by them on these lines are not maintainable.
Hence it depends on how you defend your interests and get their case dismissed.
From the very contents it can be seen that they are creating a concept based on their misconceptions.
They are desperately trying to get some share in the properties hence they are trying all gimmicks possible.
You can challenge the same on merits and provisions of law with supporting documents and get their case dismissed.
1. Infants/Minors can not be partners of a firm.
2. You shall have to file a partition suit claiming your share of your parents properties.
1. The said minors will certainly have guardians.
2. The earnings of the minors will be clubbed with the income of their guardians for the purpose of collecting I.Tax.