LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Legal Queries (business)     06 December 2021

Purchasing agricultural land owned by huf

I wish to purchase an agricultural land (in Gujarat), but the land has following complications:

1) The sale deed of the land is registered in name of Mr. Ram Patel HUF. However, the revenue records of the land (7/12 forms etc) are in name of Mr. Ram Patel personally, and not in name of the HUF. Does this create any conflict/ problems?

2) Can HUF be considered as an "agriculturist" in Gujarat - if so, to register a land in name of HUF does one need Khedut Praman Patra in name of HUF - or, would Khedut Praman Patra in name of Karta be enough & valid?

3) Mr Ram Patel, who is karta of the HUF, had two sons. One son, named Mr. Gaurav Patel, passed away 4 years ago leaving behind a wife, a minor son (8 years old), and a minor daughter (6 years old). Upon death of Mr. Gaurav Patel (son of karta of HUF), does his share in the HUF property devolve to his wife & minor children - whereby, a court permission under section 8 of The Hindu Minority and Guardianship Act, 1956 may be necessary for alienation of the minor children's share inherited in the property upon death of their father. Or, could such permission not be necessary since the karta of the HUF - Mr. Ram Patel is alive & is executing the sale deed in our favor?



 4 Replies

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     06 December 2021

 

 

It is advisable to take relinquishment deed from the family members of the  seller. HUF karta can sell the property  for the benefit of the HUF. 

dr vedula gopinath

1 Like

Dr J C Vashista (Lawyer)     07 December 2021

HUF and Ram Patel are two different entities/ personalities, wherein HUF cannot be termed as an agriculturist.

All the members of HUF (including ladies of the family) except married daughters form part of HUF.

Consult a local prudent lawyer for better appreciation of facts and professional advise if there is some truth in your story.

1 Like

Legal Queries (business)     09 December 2021

Thank You for your response. Do you mean that rest of the HUF members (other than the Karta) should relinquish their rights in favor of the Karta - i.e. Mr. Ram Patel ? 

Even if such relinquishment is done, the problem is that the original registered sale deed is in name of Ram Patel HUF. HUF, I fear, cannot be termed as an "agriculturist" in Gujarat. Even if HUF can be considered as "agriculturist" it will be virtually impossible, without a legal fight, to get the revenue authorities (talati, mamlatdar etc) to mutate revenue entries of an agricultural land in name of an HUF.  

DR.VEDULA GOPINATH (ADVOCATE AND CORPORAE ADVISOR)     09 December 2021

Yes. Please take relinquishment deeds from the family members of seller.

You can apply to District Collector for approval and mutation. District collector is having powers for mutation.

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query