Hello buying a huf property. need your advice
Manmeet Singh
(Querist) 19 May 2018
This query is : Resolved
Hello experts My self Manmeet Singh Bhatia.. I am buying a HUF property owned by two HUF kartas. In the entire HUF there is one minor member. I am little worried and trying to find out what is the best possible way to get it registered against my name safely. I really dont desire to face any issue in future. According to the 2 HUF kartas, they will get the signs of all the members but what about minor one? Any serious suggestions. Thanks
Kumar Doab
(Expert) 19 May 2018
'Buyer Beware' applies to property deals.
It shall be appropriate to get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters and well versed with LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before signing or making payment.
This may cost some FEE but can defend long term interest and hard earned monies.
Kumar Doab
(Expert) 19 May 2018
Get proper legal opinion on marketable title and your own counsel can cover everything...and answer all queries ..
Get legal opinion in writing
Manmeet Singh
(Querist) 19 May 2018
We have made the initial payment (1/4th of total amount). Just wanted to know about the process of making a safe registeration against my name.
Kumar Doab
(Expert) 19 May 2018
So you must be having chain of title documents.
Even if you have not obtained legal opinion before making the payment IT is opportunity now to get proper legal opinion.
Manmeet Singh
(Querist) 19 May 2018
Yes I have the document. It is PATTA registered against 2 Kartas and nothing apart from that. The Calony is newly developed in our city so the paper issue is not there. Even the seller has a certified construction Map of the property.
It is all about transferring the property from 2 HUF kartas to my name. That's it
Kumar Doab
(Expert) 19 May 2018
It is still same.
Go for proper legal opinion..and get IT in writing.
It may cost say Rs. 2500-Rs.5000/
Bank empanelled lawyers/law firms may also provide service to you.
satisfy your self about credibility of lawyer/law firm.
That's IT.
Manmeet Singh
(Querist) 19 May 2018
Ok I think I got your point. We have applied for a loan in a bank.. They are processing the loan. They will request some HUF documents soon once the loan process reaches the final stage.
Thanks
Kumar Doab
(Expert) 19 May 2018
You have not got the whole point.
So make another attempt to understand.
GO for proper legal opinion as already explained from your own own counsel also!
IT may cost you few rupees but can save your hard earned monies...
Even if there is title defects and lender sanctions loan you may lose claim on title/ownership and may still have to pay the lender...
There are unlimited threads on same at LCI also...
Manmeet Singh
(Querist) 19 May 2018
Ok we will try to take the legal opinion at our own level too
Thanks
T. Kalaiselvan, Advocate
(Expert) 21 May 2018
The property involves minor interest.
Even though it is HUF property, since there is a minor interest in the proeprty, the share of minor child cannot be sold by the Karta without the permission of court.
The minor child's right over its share in the HUF property cannot be just like that ignored nor the minor child is eligible to sign the execution of the registered sale deed/document.
The guardians of minor cannot alienate the share of the minor children for whatever the reason they may cite.
They may have to obtain permission from court competent to sell the property involving minor interest in respect of the share of minor in the HUF property.
The bank may also return the papers for want of this requirement.
It is pertinent that yo obtain a legal opinion from an experienced lawyer in this regard before buying it if at all you want to avoid future litigation or legal hassles.
