Industrialist Baba Kalyani in his affidavit submitted before the court in Pune on Tuesday stated that his nephew Sameer Hiremath and niece Pallavi Swadi are not members of the Kalyani joint family and cannot claim status as coparceners in the Kalyani joint family. “The present suit is nothing but an attempt by the plaintiffs to try and usurp rights in assets and properties of the alleged Kalyani Family HUF,” Kalyani stated in his affidavit.
The detailed, 22-page affidavit – filed by Baba Kalyani in response to the suit filed by his nephew and niece – stated that they have no right to file and maintain suit seeking partition of the Kalyani Family HUF as both of them are not part of the Kalyani joint family. The affidavit stated that there is no HUF by the name Kalyani Family HUF. It denied that the plaintiffs are members or coparceners of any family other than the Hiremath family. It further denied that the plaintiffs are members of the Kalyani family, much less coparceners of the alleged Kalyani Family HUF.
The affidavit stated that the plaintiffs are neither coparceners nor members of the alleged Kalyani Family HUF and as such, have no right or entitlement to initiate any suit for partition in respect to any HUF formed within the Kalyani family. “It is submitted that the plaintiffs have no locus standi to file the present suit and the same ought to be dismissed at the threshold on this ground alone,” the affidavit stated.
The siblings (Hiremath and Swadi) in their suit had urged the court to restrain the defendants from “dealing with or in any manner disposing of through sale, transfer, delivery of possession or from creating any third-party rights in the properties of the HUF”. During a hearing on Monday, they had urged the Pune court not to allow their businessman uncle Baba Kalyani to sell the family assets. The duo through their counsel had informed the court that “pending the hearing and final disposal of this suit, it is just and expedient to appoint a court receiver to safeguard the properties which are admittedly large in number, of the HUF”.
{{/usCountry}}The siblings (Hiremath and Swadi) in their suit had urged the court to restrain the defendants from “dealing with or in any manner disposing of through sale, transfer, delivery of possession or from creating any third-party rights in the properties of the HUF”. During a hearing on Monday, they had urged the Pune court not to allow their businessman uncle Baba Kalyani to sell the family assets. The duo through their counsel had informed the court that “pending the hearing and final disposal of this suit, it is just and expedient to appoint a court receiver to safeguard the properties which are admittedly large in number, of the HUF”.
{{/usCountry}}