Ask your CA who filed your father income tax returns for details
you can also issue legal notice to brother to furnish details
My father created a HUF- he died. My brother is Karta but will not give information on the HUF or tell us the value of property inside HUF. How does one find the value of the property inside HUF and how can I get information on the HUF itself as my brother won't give the information
How can one file a lawsuit if one does not know the value of the property under the HUF
The cost to file a lawsuit
Ask your CA who filed your father income tax returns for details
you can also issue legal notice to brother to furnish details
Suit is to be filed against HUF and after court orders to produce the papers one is bound by its order.
Secondly court may also ask the District Registrar to give the valuation of property.
Suit can be filed with basic filing fees of 1500/- and then let open for the court to decide how much court fees has to be paid.
Are the court fees refundable above anything paid over the basic fees?
Court fees is not refundable, only in the case where the party settles the case outside court and the case is withdrawn then Court fees is refundable
Details of immovable properties can be had from the office of Sub-Registrar. With house Nos. if the property is residential and Survey Nos. if the property agricultural, the boundaries of property and names of owner approach the office of Registrar and submit an application for certified copies of titled deed of property. You will the details. Details can also he collected from Tahsildar if the property is agricultural.
You have to mention the aprox value of property. If you want the exact government value the same will be provided by Registrar. So far as court fee is concerned, it should not be problem, coz in suit for partition of ancestral property court fee is nominal. It will not be more than 500 in any of the State. If the State is known exact court fee can be informed.
First of all ascertain and find out what all properties are lying within this HUF.
You can get the information from registrar office with regard to immovable property, but for movable assets you may have to rely on some reliable sources only.
You can approach a lawyer and discuss with him at length and seek his guidance towards the cost for filing lawsuit.
The excess court fee paid will not be refunded.
Firstly you may not be allowed to pay excess court fees.
HUF cannot be created by any person
It's a creature of law
File a partition suit claiming your share and for rendition of accounts
If excess court fees are paid then there are provisions to claim refund
Instead of directly visiting for court only valuation of property by sending notice to your brother your problem will get resolved.
If you have property details along with survey number or property number kindly provide I will find current valuation of the property.
Because why I am saying this because HUF karta has certain rights and member of HUF too on this basis I will get all details of HUF properties movable and immovable.
All members has equal rights.
Dear Sir,
1) Serve legal notice to your brother to find out the property and assets of the HUF.
2) You can get information of immovable property and its value from the registrar office.
3) The Cost of filing suit will depend on the lawyer you hire + the minimal court fee
4) The excess court fee paid is not refundable.
5) If there is a settlement you may be refunded some part of court fee.
6) As coparcener you have right to ask for partition of your share of the property and rendition of accounts as well.
Thank you
- As per law, upon the demise of Karta, the eldest male member of the family becomes the Karta of the family.
- Further, even the deceased Karta’s wife is alive, the eldest son or any other eldest male member of the family will take over that position.
- Further, after the demise of the Karta, new Karta should move an application for allowing him operation in the account of HUF, which should include the following: -
1. Request to delete the name of deceased Karta from bank’s record and submit the copy of death certificate.
2. Name of newly appointed Karta to be mentioned and his relationship with the deceased Karta.
3. Request to register update the name of new Karta of the specified HUF account in place of deceased Karta and allow him to operate the said HUF account.
4. The declaration cum no objection letter from co-parceners for deletion of name of existing Karta and appointment of New Karta to be signed by the new Karta and all the major co-parceners of the family.
- Hence , it is the legal duty of Karta to inform all the members according for any transaction of HUF .
- You can send a legal notice to him , and on refusal can file a suit before the court for terminating him as Karta of HUF.