We are 5 brothers. After passing away of our father, his property share was transferred by his elder brother to his sons. Property in Rajasthan consists of a plot of 1000 sq mtrs, half of which has Haveli building. 2 of the eldest brothers expired without leaving a will. They are survived by 9 and 3 inheritors (consisting of wife, daughters and sons). Over 3 years ago all co-parceners had verbally consented to put the property for sale. Legal Documents were drafted. One agreement for all to sign but all kept waiting for the signature from the eldest brother’s family. So for 9 heirs and 3 heirs separate agreement drafted. Again all kept waiting because even this was not shared or discussed among the 9 heirs. All have been kept in loop about ongoing efforts to put the property for sale. The Queries are:
Last year 3 brothers were told that HUF only owner of the property and only correct approach to sale? 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 distribution the 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 Powers Of Attorney, has sold some weeks ago his 1/5th share of property to our cousins having adjoining property without consulting any? 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 property history; 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?
