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Raman (Others)     28 February 2012

Karta's powers of alienation

I understand that It's a settled law that the karta can alienate the joint family property with the consent of the other coparceners. 

In here, Karta concealed existence of HUF (HUF formed with some self-acquired properties with declaration letter to ITO) and never disclosed its existence to other members of HUF.   Now, Karta gave one of two coparcenary house properties with considerable value as a gift (registered as gift deed) to one of the HUF member in its entirety.  All other coparceners except one are the witness (signed as witness)  to this registered gift deed. 

Existence of HUF came into light recently.  Is there any relief for all other coparceners as they have no prior knowledge about existence of HUF?



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 February 2012

Go for suit for partition and seperate possession.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 February 2012

Dear Raman,

Karta's powers and responsibilities are many. If he has the power of alienating property - he definately has to ensure as to the legal necessity or benefit to the estate before exercising the option of sale. If he does that without such compulsions. Other partners can get it set aside within 12 years.

Dr J C Vashista (Advocate)     02 March 2012

Seek partition, no one can alieniate your coparcernery (ancestral) share


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