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Huf property (flat) mumbai purchase

(Querist) 06 December 2016 This query is : Resolved 
Dear All,

I am buying a property in Mumbai, the said flat was purchased by HUF karta in 2001 from builder through allotment letter / Agreement which was not registered. In 2005, a new part A purchase the flat through a tri party agreement between builder, HUF (allotee)and Party A which was registered. Said registered society has issued the share certificate under part A in 2005. Now Part A wants to sell the flat to me. Can you please tell me if the HUF ( any co parcerners or minor parcerner) can raise a cliam. If yes how this can be resolved.
adv.bharat @ PUNE (Expert) 07 December 2016
CHetan all legal heirs need to give release deed in your favour along with A.

Otherwise in future they make claim over the property.

Will u appreciate this answer by giving like on my LCI profile?
P. Venu (Expert) 07 December 2016
What do you mean by "Part A"?
chetan (Querist) 07 December 2016
@ p.venu Part A was typo error , I meant new party A
chetan (Querist) 07 December 2016
The said flat was purchased by HUF karta in 2001 from builder through allotment letter / Agreement which was not registered.

In 2005, a new party "A" purchased the flat through a tri party agreement between builder, HUF (allotee)and Party A which was registered. Said registered society has issued the share certificate under part A in 2005.

Now Party "A" wants to sell the flat to me. Can you please tell me if the HUF ( any co parcerners or minor parcerner) can raise any cliam as the first agreement was in 2001. If yes how this can be resolved.

chetan (Querist) 07 December 2016
Party A = Second buyer"

And I will be the Third Buyer
Rajendra K Goyal (Expert) 07 December 2016
Without knowing full case details / material facts/ related documents, nothing can be advised. Discuss with local lawyer.
Rajendra K Goyal (Expert) 07 December 2016
Without knowing full case details / material facts/ related documents, nothing can be advised. Discuss with local lawyer.
chetan (Querist) 07 December 2016
@ Rajendra K Goyal, AS I described the brief details above, I am the third buyer. I just want to know if the claims can be made on me by any minor co parcerners from HUF based on the above details
Rajendra K Goyal (Expert) 07 December 2016
Claim can be on property, whosoever be the present owner would also be involved.

Buyer need to be beware.
chetan (Querist) 07 December 2016
@ Rajendra K Goyal, thank you for your reply, I note the claim will be on property. But sir since the HUF sold the property to Party A in 2005, and Party is selling to me in 2016. Does under the law, is there any time limitation to file a claim.
Rajendra K Goyal (Expert) 07 December 2016
Advise already.

It would be better to discuss in detail with local lawyer.
J K Agrawal (Expert) 07 December 2016
Any buyer is liable to check title of property up to last 30 years.

There is a Rule known as 'Caveat Emptor' which means beware buyer. It is duty of buyer himself to take reasonable care.

It is always risk with you but there are so many ifs and buts. The proper way is to take permission from the Court to sell share of minors. Further the sale should for the necessity and welfare of entire family. If permission is not taken from court, the minor can sue you between age 18 to 21.

Being in property market field In Mumbai (25 year ago) I have much experience about it. If you take all these precautions, I am sure that you can never purchase any property in Mumbai as I could not. If you have any property already in Mumbai, I am sure that its title is not perfect and a dispute can be raised over it.


Take a risk and purchase the property. There are always some way. Do not worry.
Hemant Agarwal (Expert) 08 December 2016
1. IF the then KARTA of the HUF had duly executed the Property Sale, by following due procedure of law, THEN the said sale is final & perpetual for all legal purposes.

2. IF the HUF is still legally alive, THEN the then KARTA's decision to sell the property shall be valid for all legal purposes, against all the subsequent property purchasers.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Guest (Expert) 08 December 2016
The 2nd Point of Mr.Hemant Agarwal " If the HUF is Still Legally alive " Please Explain
P. Venu (Expert) 08 December 2016
I am fully in agreement with Learned Expert Shri Hemant Agarwal. Even, if some one seeks sue against the first sale, action lies against the HUF and its Karta; at the most, the buyer(s) could be a mere proforma defendant.
chetan (Querist) 08 December 2016
Sir Venu, What do you mean by Mere Proforma defendant. Is that mean the third party buyer " Me" will not be affected as the HUF member sues against the property for the first sale,
P. Venu (Expert) 08 December 2016
First sale had taken place more than fifty years ago and apparently there has never been any dispute raised by any of the members of the HUF. As such, to contemplate of any dispute at present is merely speculative.

And even if in the unlikely event of any dispute raised, no action lies against the innocent purchaser who has made full consideration.

A pro forma defendant is a defendant named as a matter of formality, who typically has no direct responsibility for the harm alleged.
adv.bharat @ PUNE (Expert) 08 December 2016
Author need to explain the query raised by expert.
chetan (Querist) 09 December 2016
Adv.bharat sir , what information you need from me. I will brief the case again

1. Builder sold flat to HUF (through karta) under allotment agreement 2001, when building was under construction. The docs were not registered.

2. Tri party agreement 2005 through which HUF karta sold flat to Mr. X and builder was confirming party in this. This document fully registered and stamp duty paid. Society of the flat registered and issued share certificate in name of Mr.X


3. Mr. Y now wants to purchase from Mr. X, through a loan. Mr.X do not have documents of list of HUF members and consent order of any minors if any.
Bank took business call and waived the requirement of above docs. And ready to fund.

Now Mr.Y is worried if tom any problem can arise by any HUF minor claimants, in that case he has a legal case + bank loan.


Please advice.
chetan (Querist) 09 December 2016
Adv.bharat sir , what information you need from me. I will brief the case again

1. Builder sold flat to HUF (through karta) under allotment agreement 2001, when building was under construction. The docs were not registered.

2. Tri party agreement 2005 through which HUF karta sold flat to Mr. X and builder was confirming party in this. This document fully registered and stamp duty paid. Society of the flat registered and issued share certificate in name of Mr.X. while buying Mr.X loan and the bank did not ask for list of HUF members and consent order from court in case of any minors.


3. Mr. Y now wants to purchase from Mr. X, through a loan. Mr.X do not have documents of list of HUF members and consent order of any minors if any.
Bank took business call and waived the requirement of above docs. And ready to fund.

Now Mr.Y is worried if tom any problem can arise by any HUF minor claimants, in that case he has a legal case + bank loan. As Mr.X and Mr.Y do not have any knowledge of HUF and their member or minor. Hence Mr.Y is worried.


Please advice.
Rajendra K Goyal (Expert) 09 December 2016
The property was not registered in the name of HUF. you may proceed.
chetan (Querist) 09 December 2016
@ rajendra k goyal thank you.

Dear experts,

Please add your valuable advice to help me. Till now got very valuable advice. But no consensus on the matter.
Rajendra K Goyal (Expert) 09 December 2016
You are welcome.
chetan (Querist) 11 December 2016
Dear All Experts,

Can you please add your valuable advices on the above. Also let me know if you agree with Mr. Rajendra Sir.

If Mr.Y takes a indemnity under new sale agreement from Mr.X from any future claims before this sale and if any all expenses to be paid by Mr.X. Does this indemnity will hold value in court if any future claims arise.

One more information, the abovementioned KARTA in the deal was aged 55 when the tri party agreement was entered in 2005(fully registered and stamp duty paid). do you think this new information can help me taking decision.

Await your expert opinion.
P. Venu (Expert) 11 December 2016
An indemnity is nothing more than placebo. Intervention of a civil court is required to enforce the indemnity as well!
chetan (Querist) 12 December 2016
Thank you venu sir,

Can the grand children of HUF karta can raise a claim in future or only the direct children of Huf who were minor can claim.

And what about the Members of HUF who were not minor in 2005, can they raise a claim.

Await your kind reply


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