Sunita devi 02 November 2020

Sale of property by huf

I want to purchase a property from an individual but that individual purchased from HUF.I purchased this property with a bank loan but bank lawyer not give noc clear because he said that the HUF has no rights to sell the property of its own requirnment. Please help me i am very depressed for this.

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Quick Summary

This discussion addresses concerns about purchasing property previously sold by a Hindu Undivided Family (HUF). The core issue is whether a HUF has the right to sell property, especially when the bank lawyer raises objections. While a HUF's Karta cannot sell property for personal reasons, they can sell it if there's a legal necessity and without coparcener consent. However, it's crucial to verify the HUF deed, identify coparceners, confirm their consent was obtained, and ensure the property was indeed part of the HUF's assets.

2 Replies

Pradipta Nath (Advocate) 02 November 2020

The Bank lawyer is right in the sense that the Karta of HUF cannot sell property for his own cause.

But he can sell property of out of legal necessity and that too without the consent of other coparceners.

Please find out the HUF deed, who were the coparceners, whether consent was taken from all the coparceners before selling to the individual or not! Whether the property bought was exactly part of HUF or not!

If all the formalities were complied before selling to the individual I don't think the Bank lawyer will create any problem!