Hindu undivided family (huf)
himansoo
(Querist) 23 February 2015
This query is : Resolved
My father bought a flat in a registered society in Mumbai in 1963. The sale deed was executed and the purchaser stated as P. T. Vakharia (HUF) and in the deed it is stated that the HUF consists as himself and his male heir i.e. myself and at the time I was a minor.
My father expired in 1996 and so I became the Karta. Now I wish to sell the said property and to complete the sale do I require to complete any procedures and / or how do I proceed. Kindly, advise.
Anirudh
(Expert) 23 February 2015
Whether you have any other brother(s)/sister(s)?
Whether you are married?
If so, who are your family members?
Whether your mother is alive?
himansoo
(Querist) 23 February 2015
I have no brothers. I am married consisting of my wife, one married son, daughter-in-law and their 2 year old son, one daughter unmarried at present.
I have two married sisters though at the time of purchase of property they were unmarried.
My mother is alive.
Anirudh
(Expert) 23 February 2015
The share of your father will go equally to your mother, your two sisters and you. In other words, the 50% share of your father (since you and your father were the members of the HUF) will go equally to the four of you. You will not be able to sell the property without the consent and signature of your mother and sisters.
himansoo
(Querist) 23 February 2015
However I was under the impression that as the HUF was created in the year 1963 and the Sale Agreement specifically states that the Huf consists only my father as the manager & thereafter the male heir.
How do I attach the page stating the above for your perusal?
Anirudh
(Expert) 23 February 2015
I take your word for that. You need not attach the page.
What you were thinking - that the entire property would be yours?
himansoo
(Querist) 23 February 2015
Yes, I believe the entire property belongs to me & as though the sisters were unmarried but consequently got married, Elder sister got married in the year 1970 & younger one in the year 1982. And the Agreement has the females & wife words crossed out & that the male heir is the only person who has the right to deal with the said as I see fit.
T. Kalaiselvan, Advocate
(Expert) 24 February 2015
Karta is the manager of HUF property, he can act on behalf of other members of the HUF but cannot be an absolute owner by himself being a kartha of HUF.
himansoo
(Querist) 24 February 2015
My understanding was that the unmarried daughters were part of HUF however once they marry they do not remain as part of HUF.
Anirudh
(Expert) 24 February 2015
Please go through Section 6 of the Hindu Succession Act, 1956.
himansoo
(Querist) 24 February 2015
Ok. Many Thanks.
himansoo
(Querist) 24 February 2015
New Query: If I wish to sell the property what is the procedure? What documents would I require to complete the sale?
T. Kalaiselvan, Advocate
(Expert) 26 February 2015
You have been advised well that you cannot sell the property on your own without taking the consent of other share holders, therefore if you would like to dispose combine other shareholders and sell it jointly.
