Mou of sale of huf property without co-owners
Aseem Vaishya
(Querist) 24 January 2012
This query is : Open
We had a ancestral property at Gwalior (M.P.) by default it land in HUF. And is mutated in name of my Grand Mother, Father and Uncle jointly in Government records.
My Grand Mother, Father and Uncle landed in MOU with a buyer to sale above property, and payments were scheduled in 6 monthly installments. Time was essence of the MOU and buyer was suppose to make payment on Stipulated schedule. Buyer paid 1st and 2nd installments then he stopped paying, on this our family served him a termination of MOU notice through lawyer.
As per MOU agreement to sale was to be executed and Karta,s were to take consent of Co-owners for sale, but since co-owners did not received the money from family they did not gave their consent. Subsequently as per the clause of arbitration in MOU matter is under arbitration.
My questions are
1. Is that MOU is valid ? when there is no consent of co-owners’ is there on it.
2. Can arbitrator pass an award for specific performance ( to sell property) ?
3. Can co-owners go to Court to get their share in ancestral property ?
