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Share of a member of HUF on partition

I am the karta of a Hindu Undivided Family (HUF), since my father's demise on May 1987. He did not leave any Will.

Expenses on marriage of my brother and sister besides household expenses of the joint family were met from my individual income, since the income from the hereditary property was meagre.

In the event of partition, I understand that all of us will be entitled to equal share. Am I entitled to reimburse myself the amount spent by me by way of a larger share? Please advise in your column.

If the reader has maintained accounts in joint family with his contribution shown as loan to HUF, he would be entitled to recover the same at the time of partition. At any rate, such accounts, if maintained, are only matters of evidence. If there is a consensus among the family members at the time of partition to give a larger share to anyone for whatever reason, there could be no objection. In fact, partition to be valid need not be equal. If there is no such agreement, the respective shares as on date of partition would be governed by the law, so that any claim for adjustment for any expenses incurred by any member for the joint family at the belated stage of partition may well depend on the consent of the other members.

S. RAJARATNAM

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