Rights of karta in hindu undivided family - regarding sale of immovable property

Guest (Querist) 21 February 2012 This query is : Resolved
Rights of Karta in Hindu undivided Family - regarding sale of immovable property.

Hi,

If karta of HUF sold an immovable property for daughter marriage without her signature in the year 1989 is valid or not?.

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Khaleel Ahmed (Expert) 21 February 2012
As per Hindu law Karta is the head of the family.However for dispose of movable or immovable property, the consent of all members are mandatory.

Raj Kumar Makkad (Expert) 21 February 2012
There is no requirement of the signature of the daughter for such sale.

Ghanshyam Prasad (Expert) 21 February 2012
sig. or consent of other member is not requiered.For detail contact me further.

V R SHROFF (Expert) 21 February 2012
KARTA can sell property w/o anybody's sign, for moral, legal essential requirements of family, and include daughter's marriage.

Adv.R.P.Chugh (Expert) 21 February 2012
The Sale is valid - Karta of HUF can alienate property for legal necessity (apatkale) or for benefit of the estate (kutumbarthe)/Pious purposes. Since karta has the responsibility of seeing that other members of the family's expenses are defrayed out of Jt.Family Funds. However if the transaction was colourable and not for the actual purpose of daughter's marriage - then alienation can be challenged and it would the burden of proof of person buying jt. family property to prove - that he exercised due dilgence while satisfying him self of family's necessity. Such alienation can normally be challenged within 12 years of alienation.