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Nagesh (private empolyment)     15 December 2023

Huf property

Dear Learned Counsels,

A Property was purchased in the name of a HUF represented by its Kartha.  Later, HUF property was conveyed to the Wife of Kartha through a registered Sale Deed exectued by the Kartha for self and as a representative of other Co-parceners, who have attested their signature as Consenting Witnesses.  Is this sale valid ?

Please clarify.

Thanking you in advance

Nagesh



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     15 December 2023

Yes.  The HUF can sell the property and he has such rights.  I think on this issue, the SC recently issued the judgement.

Advocate Bhartesh goyal (advocate)     15 December 2023

Yes, karta has right to sell/dispose off/alienate HUF property even without consent of it's members.

Sanskriti Tiwari   17 December 2023

The Hindu Undivided Family property is owned collectively by all its members, and the Karta manages it on their behalf. According to the Hindu Succession Act, 1956, the Karta has the power to alienate huf property for legal necessity or family benefit with the consent of all adult co-parceners.

The validity of the sale deed depends on whether it was executed for legal necessity or family benefit, and whether all adult co-parceners consented to it. However, if the sale was not for legal necessity or family benefit, or if all adult co-parceners did not consent to it, the sale might be challenged as invalid.

In the scenario described, if the Karta executed a sale deed conveying the huf property to the wife and acted as a representative of other co-parceners who attested as consenting witnesses, the validity of the sale would largely depend on whether it was for legal necessity or family benefit. If the sale was for such a purpose and had the consent of all adult co-parceners, it could be considered valid.

Nagesh (private empolyment)     31 December 2023

Dear Learned Counsels,

Thank you all for your  valuable clarification and for all the additional information.

 

Nagesh

kavksatyanarayana (subregistrar/supdt.(retired))     31 December 2023

You are welcome sir.


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