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Kalyan   26 February 2023

Process of selling ancestral property

Hi Everyone,

Our HUF family has ancestral property with many shareholders having equal parts in the property.

I want to ask if there is any proper process to sell it so that every shareholder gets equal amount of money without any chances of fraud.

All shareholders are agreed to sell it.

Please help me.

thanks

 

 

 



Learning

 3 Replies

Dr J C Vashista (Advocate)     27 February 2023

When all shareholders are willing to sell the property what is the dispute / problem ??

It would be better to consult and  engage a local prudent lawyer with relevant records for analyses, professional advise and necessary proceeding

T. Kalaiselvan, Advocate (Advocate)     27 February 2023

Each member has an equal right to the property owned by an HUF. This means the said property cannot be sold without having each member of the family on board. New members that get added to the family by way of birth or marriage also have an equal share in the property.

In fact, even an unborn child, who is still in the womb of its mother, has a right to the property..

It must be noted here that once an HUF is formed it has to keep filing income tax returns until the time it is partitioned. When an HUF is dissolved, assets held by it are sold to be equally divided among all members. Now, each member will have to pay taxes on the profit thus made; the law perceives this gain as their individual income. Even if a new HUF is formed by married people who have exited the previous HUF, the income of the property would be taxed in the hands of new HUF..

Kalyan   27 February 2023

Hi,

Problem is I am not who is engaging with buyer. one of shareholder is engaging with him.

I will be called to sign the agreement.

I want to make sure that I will get my equal share without anyone lying to me.

Is there any procedure related documents which I can read?

thanks


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