Nephew, niece filed suit without assent of their mother: Gaurishankar Kalyani
In an interesting development, Gaurishankar Kalyani, brother of Baba Kalyani and Sugandha Hiremath, has claimed that his sister’s children — Sameer Jai Hiremath and Pallavi Swadi — have no rights over Kalyani family wealth.
In an application filed in the Pune Civil Court, he said his nephew and niece filed the present petition seeking division of assets owned by Kalyani Hindu Undivided Family (HUF) without the consent of their mother.
He said they can only claim rights only through their mother — Sugandha Hiremath — whose claims are barred by limitation.
Kalyani filed two applications before the Pune Court seeking extension of time to file his statement and reject the partition suit filed by Sameer Hiremath and Swadi.
The application filed by Kalyani claimed that the suit filed by the plaintis have been without the ascent of their mother Sugandha Hiremath, and therefore do not have no locus standi to file any suit for partition.
PARTIAL PARTITION
He added that given that the plaintis had knowledge of Partial Partition Deeds mentioned in the plaint (since their executions from the years 1976-79 and two Release Deeds in 1995, which are also mentioned in the plaint), the present claims are barred by limitation.
As per the application, Sugandha Hiremath, mother of the plaintis, also had a clear knowledge about the partial partition, by which she had been specifically excluded from the HUF property. Therefore, Sugandha herself has no right to seek partition, as her claim in the pre-existing SCS No. 1395/ 2012 is barred by limitation.
Subject matter of the suit requires examination of voluminous documents and records spanning over many years and therefore it is not possible for him to file any written statement at this stage in response to the interim application made by the petitioners, said Kalyani in his application.
Earlier, Baba Kalyani had filed an a«davit stating that his nephew and niece have no right to file and maintain a suit seeking partition of an alleged Kalyani HUF.