{"id":524,"date":"2020-04-23T10:29:57","date_gmt":"2020-04-23T10:29:57","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=524"},"modified":"2021-01-07T05:16:07","modified_gmt":"2021-01-07T05:16:07","slug":"any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/","title":{"rendered":"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta"},"content":{"rendered":"\n<p>Harshit Sharma | Amity Law School, Madhya Pradesh | 21st January 2020<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_47_1 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"ez-toc-toggle-icon-1\"><label for=\"item-6a2249c7a09bc\" aria-label=\"Table of Content\"><span style=\"display: flex;align-items: center;width: 35px;height: 30px;justify-content: center;direction:ltr;\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/label><input  type=\"checkbox\" id=\"item-6a2249c7a09bc\"><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#Madhuri_Doulatram_Choitram_Vs_Lachmandas_Tulsiram_Nayar_Ors_Writ_Petition_No_92672019\" title=\"Madhuri Doulatram Choitram&nbsp;V\/s.&nbsp; Lachmandas Tulsiram Nayar &amp; Ors. Writ Petition No. 9267\/2019\">Madhuri Doulatram Choitram&nbsp;V\/s.&nbsp; Lachmandas Tulsiram Nayar &amp; Ors. Writ Petition No. 9267\/2019<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#FACTS_OF_THE_CASE\" title=\"FACTS OF THE CASE\">FACTS OF THE CASE<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#ISSUES_RAISED\" title=\"ISSUES RAISED\">ISSUES RAISED<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#RULING_OF_THE_COURT_THE_COURT_HELD_THAT\" title=\"RULING OF THE COURT\/ THE COURT HELD THAT\">RULING OF THE COURT\/ THE COURT HELD THAT<\/a><\/li><\/ul><\/nav><\/div>\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Madhuri_Doulatram_Choitram_Vs_Lachmandas_Tulsiram_Nayar_Ors_Writ_Petition_No_92672019\"><\/span><em>Madhuri Doulatram Choitram&nbsp;V\/s.&nbsp; Lachmandas Tulsiram Nayar &amp; Ors.<br>Writ Petition No. 9267\/2019<\/em><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"FACTS_OF_THE_CASE\"><\/span><strong>FACTS OF THE CASE<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<ol><li>The respondent No.1-Lachmandas Tulsiram Nayar (HUF) had instituted a suit, being RAE Suit No. 660\/1127\/2002, against the predecessor-in-title of the petitioner and respondent No.5 for recovery of the possession of the demised premises on the ground of personal bonafide requirement and non-user. The said suit came to be dismissed by a judgment and order dated 27<sup>th<\/sup>&nbsp;February, 2009.<\/li><li>Thereafter, respondent No.1 again instituted a suit, being RAE Suit No. 119\/171\/2011, against the petitioner and respondent No.5 on the ground of personal bonafide requirement and alleged sub-letting. The suit was instituted by the HUF through its Karta and Manager Mr. Brijbihari Tulsiram Nayar. Mr. Jagdishmohan Tulsiram Nayar was also arrayed as the plaintiff, with an assertion that the latter was assisting the Karta and Manager in managing the affairs of the said HUF.<\/li><li>Jagdish Mohan Lachman Das Nayar and Brijmohan Lachmandas Nayar, the Karta and the Manager of the HUF also died.&nbsp;<\/li><li>Since the successor Karta and Manager of Lachmandas Tulsiram Nayar (HUF) was not impleaded in the suit, the petitioner-defendant filed an application for dismissal of the suit as abated, and, in the alternative, qua the plaintiff No.1 HUF, as there was no Karta to represent the said HUF. The respondent Nos.2 to 4, in the capacity of the legal representatives of the deceased plaintiff No.2, resisted the application.<\/li><li>By an order dated 2nd April 2018, the learned Judge was persuaded to reject the application holding, inter-alia, that the legal representatives of the deceased plaintiff No.2 were already brought on record and, thus, the suit would not abate on account of the death of Karta and Manager of HUF despite the successor Karta of the HUF not being brought on record.<\/li><li>The petitioner carried the matter in revision before the Appellate Bench. By the impugned judgment and order, the Appellate Bench was persuaded to reject the application.<\/li><li>Thus the present Writ Petition was preferred.&nbsp;<\/li><\/ol>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"ISSUES_RAISED\"><\/span><strong>ISSUES RAISED<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<ol><li>Whether the suit is tenable in the absence of successor Karta being brought on record?<\/li><li>Whether the plaintiff Nos. 2(a) to 2(c) can independently maintain the action for eviction in the absence of successor Karta being brought on record?<\/li><\/ol>\n\n\n\n<h4 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"RULING_OF_THE_COURT_THE_COURT_HELD_THAT\"><\/span><strong>RULING OF THE COURT\/ THE COURT HELD THAT<\/strong><span class=\"ez-toc-section-end\"><\/span><\/h4>\n\n\n\n<p>The petition stands allowed in the following terms: (a) The HUF may bring on record the successor Karta and accordingly amend the cause title of the plaint within a period of one month from today and (b) In the event, the Successor Karta is not brought on record, the trial court shall frame, try and decide the following issues along with the other issues, which may arise for determination, while observing the following findings:&nbsp;<\/p>\n\n\n\n<ol><li>For a member of HUF to institute and maintain a suit on behalf of the family, two conditions must be satisfied: All the other members (co-owners) should not have any objection to the suit and the representative members must satisfy the absence of Karta.&nbsp;<strong><\/strong><\/li><li>&#8220;It is one thing to say that a member of the family other than, or in the absence of, a Karta, may be permitted to prosecute the suit on account of special circumstances of a given case. And a completely different thing to claim that despite a Karta having been appointed, he will not be impleaded to represent the HUF sans the existence of special circumstances. In the latter case, the tenability of the suit, without impleading the Karta, would be in issue.&#8221;<\/li><li>&#8220;HUF by its very character and legal connotation, stands on a different footing. The representation of a HUF by the Karta is the rule. Indisputably, in an appropriate case, even a person who is not the senior-most member may act as Karta but a case for such a representation is required to be made out, on facts and &#8220;A co-owner is equally competent to prosecute the suit for the purpose of regaining possession of the demised premises. &#8220;<\/li><\/ol>\n\n\n\n<p>&#8220;\u2026there is a cloud of doubt over the intendment of the HUF to prosecute the suit for eviction of the tenant, especially on account of the fact that there being material to show that a Karta has indeed been appointed\u2026 It would be in the fitness of things to frame and try the issue regarding the tenability of the suit, in the event of non-impleadment of the successor Karta.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Harshit Sharma | Amity Law School, Madhya Pradesh | 21st January 2020 Madhuri Doulatram Choitram&nbsp;V\/s.&nbsp; Lachmandas Tulsiram Nayar &amp; Ors.Writ Petition No. 9267\/2019 FACTS OF THE CASE The respondent No.1-Lachmandas Tulsiram Nayar (HUF) had instituted a suit, being RAE Suit No. 660\/1127\/2002, against the predecessor-in-title of the petitioner and respondent No.5 for recovery of the [&hellip;]<\/p>\n","protected":false},"author":144,"featured_media":518,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[28],"tags":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.8.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 21st January 2020 Madhuri Doulatram Choitram&nbsp;V\/s.&nbsp; Lachmandas Tulsiram Nayar &amp; Ors.Writ Petition No. 9267\/2019 FACTS OF THE CASE The respondent No.1-Lachmandas Tulsiram Nayar (HUF) had instituted a suit, being RAE Suit No. 660\/1127\/2002, against the predecessor-in-title of the petitioner and respondent No.5 for recovery of the [&hellip;]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/\" \/>\n<meta property=\"og:site_name\" content=\"LexForti\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Lexforti\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/harshit.sharma.1048\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-23T10:29:57+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-01-07T05:16:07+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-20-1.jpg?fit=400%2C225&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"400\" \/>\n\t<meta property=\"og:image:height\" content=\"225\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Hshits1997\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Hshits1997\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"4 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/\"},\"author\":{\"name\":\"Hshits1997\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\"},\"headline\":\"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta\",\"datePublished\":\"2020-04-23T10:29:57+00:00\",\"dateModified\":\"2021-01-07T05:16:07+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/\"},\"wordCount\":760,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"articleSection\":[\"High Court Judgement\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/\",\"name\":\"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta - LexForti\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#website\"},\"datePublished\":\"2020-04-23T10:29:57+00:00\",\"dateModified\":\"2021-01-07T05:16:07+00:00\",\"breadcrumb\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/lexforti.com\/legal-news\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#website\",\"url\":\"https:\/\/lexforti.com\/legal-news\/\",\"name\":\"LexForti\",\"description\":\"Legal\",\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/lexforti.com\/legal-news\/?s={search_term_string}\"},\"query-input\":\"required name=search_term_string\"}],\"inLanguage\":\"en-US\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\",\"name\":\"LexForti Legal News & Journal\",\"url\":\"https:\/\/lexforti.com\/legal-news\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/\",\"url\":\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1\",\"contentUrl\":\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1\",\"width\":404,\"height\":404,\"caption\":\"LexForti Legal News & Journal\"},\"image\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/Lexforti\/\",\"https:\/\/www.instagram.com\/lexforti\/\",\"https:\/\/www.linkedin.com\/company\/lex-forti\/\"]},{\"@type\":\"Person\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\",\"name\":\"Hshits1997\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png\",\"contentUrl\":\"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png\",\"caption\":\"Hshits1997\"},\"description\":\"Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/","og_locale":"en_US","og_type":"article","og_title":"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 21st January 2020 Madhuri Doulatram Choitram&nbsp;V\/s.&nbsp; Lachmandas Tulsiram Nayar &amp; Ors.Writ Petition No. 9267\/2019 FACTS OF THE CASE The respondent No.1-Lachmandas Tulsiram Nayar (HUF) had instituted a suit, being RAE Suit No. 660\/1127\/2002, against the predecessor-in-title of the petitioner and respondent No.5 for recovery of the [&hellip;]","og_url":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:57+00:00","article_modified_time":"2021-01-07T05:16:07+00:00","og_image":[{"width":400,"height":225,"url":"https:\/\/i0.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-20-1.jpg?fit=400%2C225&ssl=1","type":"image\/jpeg"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"4 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta","datePublished":"2020-04-23T10:29:57+00:00","dateModified":"2021-01-07T05:16:07+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/"},"wordCount":760,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["High Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/","url":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/","name":"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta - LexForti","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/#website"},"datePublished":"2020-04-23T10:29:57+00:00","dateModified":"2021-01-07T05:16:07+00:00","breadcrumb":{"@id":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/lexforti.com\/legal-news\/any-member-of-the-huf-being-the-co-owner-may-be-permitted-to-prosecute-the-suit-only-in-the-absence-of-karta\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/lexforti.com\/legal-news\/"},{"@type":"ListItem","position":2,"name":"Any member of the HUF being the co-owner may be permitted to prosecute the suit only in the absence of Karta"}]},{"@type":"WebSite","@id":"https:\/\/lexforti.com\/legal-news\/#website","url":"https:\/\/lexforti.com\/legal-news\/","name":"LexForti","description":"Legal","publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/lexforti.com\/legal-news\/?s={search_term_string}"},"query-input":"required name=search_term_string"}],"inLanguage":"en-US"},{"@type":"Organization","@id":"https:\/\/lexforti.com\/legal-news\/#organization","name":"LexForti Legal News & Journal","url":"https:\/\/lexforti.com\/legal-news\/","logo":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/","url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1","contentUrl":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/08\/159134300345793876.png?fit=404%2C404&ssl=1","width":404,"height":404,"caption":"LexForti Legal News & Journal"},"image":{"@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/Lexforti\/","https:\/\/www.instagram.com\/lexforti\/","https:\/\/www.linkedin.com\/company\/lex-forti\/"]},{"@type":"Person","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355","name":"Hshits1997","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/image\/","url":"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png","contentUrl":"https:\/\/lexforti.com\/legal-news\/wp-content\/uploads\/2021\/01\/159134300345793876-96x96.png","caption":"Hshits1997"},"description":"Harshit Sharma Advocate is a practising lawyer at the High Court of Madhya Pradesh, Bench at Gwalior. He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":124,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/524"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=524"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/524\/revisions"}],"predecessor-version":[{"id":6962,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/524\/revisions\/6962"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/518"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=524"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=524"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}