Industrialist Babasaheb N. Kalyani told a court that his nephew and niece, Sameer Jai Hiremath and Pallavi Swadi (the Plaintiffs), had no right to file and maintain a suit seeking partition “of an alleged Kalyani Family HUF.”
In an affidavit filed with a Pune court, he said the plaintiffs were not members of the Kalyani joint family and as per the law in force, they cannot claim status as coparceners in the Kalyani joint family.
He further submitted that the plaintiffs by birth were members of “one Hiremath family and coparceners/ members of HUF of Hiremath family” and therefore had no right to file and maintain a suit seeking partition of an “alleged Kalyani Family HUF”.
“The plaintiffs are not members of the Kalyani joint family and as per the law in force, they cannot claim status as coparceners in the Kalyani joint family. The plaintiffs and the defendants do not have any common male ancestors,” Mr. Kalyani said in the affidavit filed on May 6, 2024.
“Consequently, they can never be part of the same coparcenary. 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’,” he added in the affidavit.
The lawsuit, filed by the children of Mr. Kalyani’s sister seeks division of assets within the Kalyani Hindu Undivided Family (HUF).
Seeking dismissal of the suit, Mr. Kalyani said, “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.”
On the other hand, Mr. Hiremath and Ms. Swadi, in an application for ad-interim relief before the Pune court dated May 6, 2024, stated that they apprehended that the defendants would deal with the assets of the Kalyani family HUF during the pendency of the suit due to which they would suffer “irreparable loss and tremendous hardship.”
They also submitted that they apprehended “that as the summer vacations are scheduled, the defendants shall take advantage of the same and create third party interest in the assets of the Kalyani Family HUF.”
They also sought protection until disposal of the injunction application.
