Property purchases from huf
Vinod Kala
(Querist) 09 June 2016
This query is : Resolved
I am purchasing a property from a HUF and the sale agreement executed
This property was purchased by Karta before three month.
Now the registry time coming on 3rd July so I ask Karta that at the
time of registry all the members have to sign the registry but he
denied for this and say that I am the Karta of HUF and I have all
right to sale the HUF property and at the time of purchases i am the
only party as Karta in registry.
After some efforts to understand them they agree for consent letter
form family members.
Now i am in confusion that is it enough to get consent letter from HUF
members or not.
Need your Help regarding this.
Thanks & Regards,
Ca Vinod Jain
M No - 97842-15551
Kumar Doab
(Expert) 09 June 2016
'Buyer Beware'.
It hold true in case of property purchase.
As a buyer it is your duty inquire the authority of the Karta, in a bonafide manner. At the time of agreement, you can enter into with the major sons and coparceners too, to bind them.
You can ask them to sign the sale deed.
Karta of HUF can only act in good faith.
What is the necessity to sell HUF property!
Vinod Kala
(Querist) 10 June 2016
The person is property investor. it is his regular work. He have lots of other property in his name & HUF name. There is no specilly necessity.
The reason behind sale is the Rate of property. we are agree a good rate of property so he want to sale the property.
But as he say that it is my regular work and i sale lots of other property of HUF by signing only by KARTA.
Now after some effort he is ready to give consent letter of all coparcenor & members.
Is the efforts is enough to become beware buyer as all the members & coparcner giving consent letter on stamp which is going to be notarised.
Or it is complusary to sign all the member to to sale deed.
Kumar Doab
(Expert) 10 June 2016
There is no distress, pious purpose, necessity.
So it is assumed it is for benefit of the estate.
The price as per you is near market price.
It is not clear you have agreed to buy @ market price or to save stamp duty below @ market price.
The members of HUF shall get fare share!
Hope consent letter is NOC. Proper NOC may be of some help.
Rest your able counsel specializing in such/property/revenue/civil can guide you, further.
Vinod Kala
(Querist) 10 June 2016
Thanks sir further i want to know that -
If i go for making all the members of HUF, parties to the Sale deed then how would i come to know that how many members are there in the HUF.
Can i rely upon the words of the seller about the no. of members of HUF or is there any way to confirm.
Kumar Doab
(Expert) 10 June 2016
HUF deed, HUF Pan card ( affidavit attac hed with form 49A while making an application), HUF Bank a/c are few of the sources.
Rest your able counsel specializing in such/property/revenue/civil can guide you, further.
Rely upon your own counsel than mere words.
Vinod Kala
(Querist) 11 June 2016
OK SIR THANKU SO MUCH FOR SUCH A GREAT RESPONSE.
NOW I CONSULT A ADVOCATE LOCALLY WHO TELL ME THAT THE PROPERTY IS OF HUF PROPERT WHICH IS KNOWN AS ANCESTRAL PROPERTY IF YOU WANT TO PURCHASES THIS THE ONLY WAY TO GET PROPERT TITLE IS SALE DEED SHOULD BE SIGNED BY ALL THE HUF MEMBERS AND THE OWNER ALSO SAY YES FOR THIS.
AND THE ADVOCATE SIR SAY FOR THE MEMBERS OF HUF TAKE A AFFIDAVITE OF HUF DECLERING THE MEMBERS OF HUF.
SIR IS THEIR ANY WAY TO CLEAR THIS SITUATION.
Adv. Yogen Kakade
(Expert) 11 June 2016
Mr. Vinod,
It is necessary to have all the members of the HUF as a party to the final conveyance.
Even the married daughters should be included as a party to the said deed.
In case of the parties with other interest or parties with release deed or relinquishment need to be the consenting party.
Public notice has to be issued before execution of the said deed.
Proper search of the old revenue records and every mutation shall reveal the entire picture of the transactions, encumbrances in the past along with the family tree.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Kumar Doab
(Expert) 11 June 2016
Engage an able counsel for detailed legal opinion, extraction of all mutation record/link documents/encumbrance etc as repeatedly suggested.
The counsel that has examined all docs on record can opine and advise the best.
Rajendra K Goyal
(Expert) 11 June 2016
Well advised by the experts, you can move accordingly.
Vinod Kala
(Querist) 11 June 2016
Thanku so much to all of you...the advise given is to much helpful to me...as before this what the advocate is going to do is registry by karta only...now he accept the situation and making all the members a party to sale deed..even married daughter tooo.
Further Kumar Sir I appoint a counsel too but he is only a counsel he cheque the property paper and make legal and search report which is ok..
But what I feel is I got better advise here on lawyersclubindia than my counsel..by experts of the field.
One more thing I want to know is
wwhat Is public notic..is it enough to give this notice in local news paper..
What contents in this notice should I give..
Vinod Kala
(Querist) 11 June 2016
Further sir taking a Affidavite of karta about no of members in HUF is enough or not..if not than what to do for knowing the members of HUF...
Kumar Doab
(Expert) 11 June 2016
Engage a very able counsel for proper legal opinion,and your counsel shall examine title, mutation record, link documents, encumbrance, notice, HUF deed etc etc
