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When a Karta of an HUF dies, especially if the HUF isn’t active and the only asset is a single property, things are a bit more straightforward if everyone is on the same page—which it seems like in your case.
Here’s what you can do:
1. Figure out who the coparceners are now:
Since the Karta and his mom are no more, the remaining coparceners are the 2 sons and 2 daughters. The Karta’s wife technically isn’t a coparcener, but she can be a member of the HUF. Courts have even allowed widows to become Karta in some cases, but that’s more relevant when the HUF continues. In your case, since there’s no other HUF asset, you’re likely planning to dissolve it.2. Best route is a Relinquishment Deed (Release Deed):
If everyone’s okay with transferring the property to the Karta’s wife, then the sons and daughters (all current coparceners) can execute a registered relinquishment deed in her favor. You’ll need to do this at the local sub-registrar office. Stamp duty is generally minimal if it’s within family.3. Then go for Mutation of Property:
Once the deed is registered, take that along with death certs, property papers, and a family tree affidavit to the municipal or revenue office to get the name changed to the widow’s.4. (Optional) Wrap up the HUF legally:
Since this is the only asset and you’re done with it, you can file an affidavit with the IT Dept. stating the HUF is now dissolved (or non-functional) due to no remaining assets. Just in case there’s any IT file attached to it.UAs per Section 2(35) and Section 6(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the age of the child at the time of the offence is what matters.Even if the case continues after he turns 18, he will still be considered a juvenile for this case.
UYou need a competent lawyer, not a senior one.As for the fees it varies, depending on the location, the charges can vary from 15k to 70k per appearance.
If you tell me your location I can try to find you one.
UNot necessarily, a certain lawyer might have a huge number of briefs obtained via connections, inheritance even, but that doesn’t translate to an experienced handling of cases.Furthermore, in India majority of cases are filed through Junior Lawyer to escape liability and other related shenanigans, so the number of cases filed as a marker goes out of the window.
The situation is sad, BUT there aren’t many reliable markers.
Maybe peer reviews can be a thing, but that would require you to survey the bars. YMMV though.
UEcourts might give you some idea if he has originally filed the cases.What’s your end game?
Looking for an experienced lawyer?
ULol….Usual power trip, just get your work done and get out of there.
Also the dad is too busy to get his own police verification?
UYou are not talking to them, you are just getting it on paper so that you can take them to the cleaners if needed.Won’t really hurt you xD
