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Kuldeep Saxena   27 July 2017

Buying property from HUF having minor members

Hi. I want to buy one under construction property from HUF which is almost ready for possession. This HUF has Hunsband, wife and two minors. Is it legally advisable to buy property from HUF with minor members. If yes, what precautions are required. Which documents must be required.


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 3 Replies

Raveena Kataria (Advocate )     27 July 2017

Hi, in my best opinion, you need to ensure that the part of the Joint Family Property that you are being sold is from the share of the person (major coparcener) who is selling it to you.

For instance, here, the father would be entitled to 1/4th of the total share of the property in question. If the land is being sold to you by the father, it should constitute to about 1/4th of the total property. Your rights on such property would not be affected even if partition of the property between the coparceners hasn't taken place till date by metes and bounds.

Note, you will not be entitled to joint possession of the property if you are sold a share of the dwelling house belonging to the undivided family. I'd furthermore advise you to get in touch with any local advocate if you intend to buy a share of the HUF property without future complications.

Kumar Doab (FIN)     27 July 2017

'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 matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

 

Kumar Doab (FIN)     27 July 2017

Although there are prespectives e.g;The Karta can decide for legal necessities and welfare of estate.

The HUF can be dissolved.

However it shall certainly be better if adult members give NOC and for minor’s consent from court is taken to rule out claims and protracted unnecessary future litigation.


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