Ekatra kutumb manager

Archana Lad (Querist) 09 January 2023 This query is : Resolved
Ekatra kutumb manager can sale property. And after death of EKM his nominee can claim for the same property.
Or what procedure for released EKM on property after death of kutum manager sales person and purchaser both are in Hindu families

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This discussion clarifies the role of an Ekatra Kutumb Manager (Karta) in managing and selling property within a Hindu Undivided Family (HUF). The Karta, typically the senior-most male member (though women can also be Karta), has powers to dispose of property if necessary. A key issue raised is the process of updating property records (like the 7/12 extract) after the Karta's death, especially when a sale agreement was registered but the sale deed not yet executed. The advice suggests that if only an agreement to sell was registered and the Karta dies, the nominee's rights and the completion of the sale might require further legal steps, as the property records may not be directly updated without the final sale deed.

kavksatyanarayana (Expert) 09 January 2023
THE SENIOR MOST SURVIVING MALE MEMBER OF THE HUF WILL SUCCEED THE DECEASED KARTA.

Dr J C Vashista (Expert) 10 January 2023
Whether the kutumb referred herein the post is a Hindu family ?

Archana Lad (Querist) 11 January 2023
Yes saler and purchaser both are Marathi Hindu families

Dr J C Vashista (Expert) 12 January 2023
Concept of Hindu Undivided Family (Ekatra Kutumb as stated by you)
A HUF is managed by Karta who is usually the senior-most living male member of the family. Karta has some unique powers by which he can decide how the joint family is being run, how the members are being maintained, and who is getting what. He can choose to dispose of the property in case of an emergency or when there is a necessity to do so. A Karta can also delegate some of the powers of management of affairs to a manager. The manager need not be a family member of the HUF and can also be a paid employee instead.

In a landmark judgment in 2016, Delhi High Court clarified the status of women as Karta of a HUF. The court said in its verdict that daughters can also become Karta of the HUF. The rights of females under Section 6 of the Hindu Succession Act, 1956 has been expanded with this clarification. So HUF is a unit and all its affairs are represented and looked after by the Karta, and no outsider can be admitted to its fold except by adoption by agreement or otherwise.

Accordingly I fully agree, endorse and appreciate the opinion and advise of senior expert Sh. Kavksatyanaryana ji with some addition that a female member can also be Karta, as held by Delhi High Court in the cited judgment.

Archana Lad (Querist) 13 January 2023
Thank you sir for explain

Archana Lad (Querist) 13 January 2023
Sir
We purchased land for home, the saler is EKM. We do register sale deed with him , and EKM was dead after 2 year of sale deed or agriment . In the register office they can't change or update the name of purchaser on 7/12 because they said not remove name of EKM on 7/12. They cancelled our application
I request to please guide on this matter

Dr J C Vashista (Expert) 14 January 2023
Is it sale deed or agreement to sell stated to have been executed and registered with Sub-Registrar as you have mentioned both of them?

Archana Lad (Querist) 16 January 2023
It's registered agreement with sub registrar

Dr J C Vashista (Expert) 17 January 2023
Sale /purchase transaction is yet to be completed in terms of agreement, consequently it cannot be endorsed in 7/12.

P. Venu (Expert) 19 January 2023
What do you mean by "We do register sale deed with him , and EKM was dead after 2 year of sale deed or agriment"?

Has the sale deed been executed or just that the agreement for sale has been signed?

Who is in possession of the property?

Archana Lad (Querist) 02 February 2023
Yes sir it's registered agreement signed with sub registrar. We hav possession on same property. But only problem is talathi office can't accepted agreement and not change name on 7/12

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