Huf property sales issues

There is no  legal issue involved here.  It all depends upon the comfort level of the buyer and the seller.  If you are not comfortable, then look for some other buyer.  That's all.

Thank you Mr. Ramachandran:  Is there a process in which they can rescind their involvement in the HUF completely.

HUF was set up 15 years ago. They were never asked when HUF was opened and did not know about HUF until this buying issue came up.

Myself as Karta did everything.

Check up with the buyer that both your children would give a Power of Attorney to you to sell off the property.  The power of Attorney would be authenticated by the Indian Consulate abroad.  Again in this there will be no social security number etc.  Whether such a POA is acceptable to the buyer or not.

If still he insists on Social Security number etc., better understand that he is not really interested in the property, but only puts some unreasonable conditions.

Dear Sir,

Perhaps I did not phrase the question correctly.

In other words; Is there a Process by which they (children) can give up their rights in the HUF completely?

So then there is no issue with this Buyer or any other Buyer or anyone else.

Yes, they can give up their rights. But that can be done only by executing a Registered Relinquishment Deed. For this, they have to come to India for Registration. This solution does not suit your fact situation. re

Sir--What about the Hague Convention to which India is a Signatory? Wont it apply to either UK or USA notary public.

How does it matter, so long as the buyer is not ready to accept.  You cannot force him to accept.  

Sir: The question here is about the law.

If the law says that under the Hague Convention; Notary Public from all Countries who are signatories is recognized. Then why the requirement to have the Relinquishment Deed done in India . (Posted by your goodself).

In other words Why the Relinquishment Deed must be done in India when India is a Signatory to the Hague Convention. That is the Law Question. Buyer requirements and feelings are Secondary.

 

Mr. Pradeep,

You specfically asked: " In other words; Is there a Process by which they (children) can give up their rights in the HUF completely?"

My reply about relinquishment deed relates to this specific query of yours. This is the process through which one can give up their rights and claims that too in an immovable property.

Yes sir. But the disconnect here is the need to Travel 15000 miles and Register in India.

My thinking is that under Hague Convention documents can be processed in Country of Residence. I believe it is called Apostille or something like that.

This will be good to know for other readers too. Because it obviates the need for them to either travel long distances or put up with the nonsense of the embassy staff.