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Liability of huf in case of personal guarantee

Page no : 2

narendra.s.p (Chief Manager(Law))     12 August 2012

If it is HUF property, the mortgage should be for legal necessity of the HUF. As guarantor  for the loan of a company Kartha can only bind teh HUF property if it is for family business. Mortgaging HUF property by Kartha for third party laon, cannot be termed as legal necessity, unless HUF is benefited. Karta has no right to mortgage the HUF property if you can establish that there was no benefit to the HUF. You can take the plea of absence of legal necessity.

Tusshar choudhry   01 July 2015

Advice required, we have default of loan in a bank and to make a last saving for bad times we want to buy a small property in name of Huf , however the members of huf are either director or guaranter in the loan , can it still be protected from the bank recovery ?

narendra.s.p (Chief Manager(Law))     12 July 2015

Has the Loan obtined by the Borrower, a Pvt Ltd Co., in any way benifited the HUF or Joint Hindu Family? Kartha can mortgage Joint Hindu Family property only for the benefit of the Family.


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