Gift of property / specific performance

Querist : Anonymous (Querist) 23 December 2011 This query is : Resolved
my uncle purchased a property in 1984. the Vendee term in the sale deed is

"Diwakar Prasad Agarwal S/O Mohan Lal Agarwal Age 27 Occ: Business R/o Hyderabad in his individual capacity but as karta representing the HUF consisting of himself, his wife santosh devi, minor sons master neeraj and nitin and daughter baby kavita."

Q1. should this property be considered as his individual property as he has purchased it in his individual capacity i.e. from his own funds?
Q2. should it be considered as his huf property?
Q3. Should it be considered as his own property given to the huf
Q4.can Diwakar prasad alienate the property by way of gift deed to his brother rajeshwar lal for legal necessaties and benefits of estate like funds for marriage of daughter

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Raj Kumar Makkad (Expert) 23 December 2011
1. If the registered sale-deed was executed in his favour only and accordingly he further sold then the sale-deed is perfect and legal.

2. Nothing can be opined just on the information provided by you.

3. Same reply as provided above in 2.

4. Yes, if his sale is perfect subject to replies/additional information as required under your questions no. 2 & 3.

A V Vishal (Expert) 23 December 2011
Q1. should this property be considered as his individual property as he has purchased it in his individual capacity i.e. from his own funds?

Ans. No

Q2. should it be considered as his huf property?

Ans. Yes

Q3. Should it be considered as his own property given to the huf

Ans . Partly yes to the extent it is not given but purchased out of his individual funds for the purpose of HUF

A V Vishal (Expert) 23 December 2011
Although no individual coparcener, including the karta has any power to dispose of the joint family property without the consent of all others, the Dharma Shastra recognizes it that in certain circumstances any member has the power to alienate the joint family property. The Mitakshara is explicit on the matter.