Modified for clarity: issues relating to partition of huf property, 2 days ago

Bhagirath Biyani (Querist) 07 March 2013 This query is : Resolved
Issues relating to partition of huf property, 2 days ago
The same message now Modified for clarity:

We are 5 brothers. After passing away of our (i.e.we 5 sons), father, his property share was transferred by his, i.e. our father's elder brother to his sons, (i.e. we 5 brothers),Property in Rajasthan consists of a plot of 1000 sq mtrs, half of which has Haveli building.

2 of the eldest brothers, (out of we 5 brothers), expired (7 years ago), without leaving a will. They, (our two elder brothers), are survived by 9 and 3 inheritors (consisting of wife, daughters and sons), (12 of the two brothers).

Over 3 years ago all co-parceners, (i.e. we 3 brothers and 12 of the other two brothers), had verbally consented to put the property for sale. Legal Documents were drafted. One agreement for all to sign, but all,(i.e. we 3 brothers), kept waiting for the signature from both the elder brother’s family. So for 9 heirs and 3 heirs, separate agreement drafted to seek compliance. Again all, (i.e. we 3 brother), kept waiting because even this (draft document) was not shared or discussed among (themselves - mother, brothers with respective sisters - 9 heirs and 3 heirs). All, (all along), have been kept in loop about ongoing efforts to put the property for sale. ,

Last year all co-parceners, (i.e. 15 signatories/beneficiaries), were told (about the expert advice) that HUF only owner of the property and only correct approach is to sale (accordingly)? All relevant details about HUF were shared for consensus. Few months ago consent letter to sale the property was also signed by all but one family, in favour of the eldest male member of the family. Application has been made for PAN in name of father’s HUF. Bank is agreeable to account opening by Karta but insisting that consent letter to this effect should also be signed by all co-parceners, including some inheritors of eldest brother’s family.

The queries are:
a. Now wife of the eldest brother is open to sign with condition that only she to have sole powers to distribute their,(i.e. eldest brothers share), property among 3 sons and 5 daughters, to which two sons not consenting. What is the way out?

b. One of the brother’s only daughter, having his Power Of Attorney, has sold three weeks ago his 1/5th share of property to our cousins having adjoining property, without consulting any (of the rest, i.e. we 14). That part-property sale has also been registered. Is that legal? Can that be legally nullified, stayed or challenged?

c. Will the property be considered legally under HUF, also by the buyers, who are approaching, well aware of the (family and) property (history; now) also know about the recent sale of 1/5th? Can Karta go ahead to negotiate with buyers for all or the remaining 4/5th, keeping all informed. Will such deal be acceptable for registration and by Income Tax?

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prabhakar singh (Expert) 07 March 2013
A simple case has been made so complicated.

All in all property consists of a coparcenary of 5 in original and gets enlarged to 15 in which brothers alive have 1/5,1/5,1/5,heirs of one deceased brother being 9 have 1/45 each while next deceased brothers' heir being only 3 have 1/15 each.

A registered power of attorney from 16 in favor of any of 17 could have done all desired very smoothly.But approach was a bit complicated which caused delay and also resulted in part sale by few heirs(daughters,you say).

QUERY(a)IS THE MATTER OF CONSENSUS IN FAMILY.

AS REGARDS TO QUERY(b)IF THE PROPERTY IS JOINT AND SALE MADE IS NOT OF JOINT SHARE OF 1/5 BUT OF A SPECIFIC PORTION THEN OTHER'S CAN ASSAIL THE SALE BY A LAW SUIT IN CIVIL COURT COURT.

ACTION (c) WOULD CAUSE FEW MORE COMPLICATIONS AS 1/5 ALREADY SOLD WHERE IS KARTA?