Abolish/Amend of Hindu Undivided Family Act (HUF)

To

The Honourable Chief Justice of India

Supreme court – India

Tilak Mark – New Delhi (110201)

Subject: Abolish/Amend HUF (Hindu Undivided Family Act)

Sir,

HUF (Hindu Undivided Family Act) this age old act. Today once children grown up and upon marriage most of them are not living together with their siblings/families and/or other family members. NRIs building assets in India, Few parents/siblings using HUF as a weapon to benefit from the other high income member of the family, which is Illogical and inappropriate. 

To prevent from being cheated by this HUF from other family members, either it should be abolished/amended to protect the individual earners (NRIs, Job holders), as they does need to lead their siblings. However, any ancestors property shall be kept under the HUF rights of partition, as this not self acquired property in the family.

The Supreme Court opined that "it is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is joint in food, worship and estate and in the absence of any proof of division, such legal presumption continues to operate in the family". 

How many people know about this clause "one should have partition deed before they buy any property otherwise this can be claimable by siblings/father under the pretext it is under joint family property"? How far this is reasonable to apply for NRIs who lives outside India and investing on properties, Without your knowledge your property is at risk, own brother/father can claim, and you need to fight years together for your hard-earned money/property, while others will enjoy by applying this tool. How far is this fair?

I voice my concern for the following:

1) Abolish/amend HUF as per existing satellite family culture, as there's very little/no evidence of families are living jointly except to benefit Income Tax, and this can not be applicable fo NRIs, he status itself shows you are out side india, still how NRI individual properties comes under HUF to claim.

This will avoid unnecessary litigations within family members and also will reduce the waste of valuable time of Courts with reduced HUF cases in the Country, as already Country is reeling with around 3.3 Crore pending cases.

2) Implement and increase awareness of prerequisites for Registration of properties, mainly identifying the key concerns as per HUF by fixing posters inside Registrar offices. (what is registration, what is legality, what is difference between legality and registration).

This will help people who are coming for registration to read and understand then proceed.

3) Educate the next generations by inducing Law basics and Ethics  from Secondary studies to develop awareness of Basic Law of the Country to protect themselves from cheating/unethical acts, absence of this causing more cases in the country, people are not clear under this.

As per HUF almost everyone's property is under threat and this needs to be stopped.

Reference: Victim's case details:

Case Type : OS - ORIGINAL SUIT

Filing Number : 101131/2016 Filing Date: 22-02-2016

Registration Number : 100009/2016 Registration Date: 26-02-2016

CNR Number : APSR00-000093-2016

District Court of Srikakulam, Andhra Pradesh 

If you agree with me, please sign the petition and spread to the ones you love and care.