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HUF Property sold by KARTA after Partition
24-Feb-2023 (In Property Law)
My father purchased a plot in 1970 as HUF property. Subsequently, through a partial partition of HUF, the plot was divided into 3 unequal parts and was given to 3 sons. A, B and C.
I am (B). In 2002 my father and brother (A) sold the plot without informing (B) and (C). The plot was sold to 3 persons X,Y and Z. On the sale deed, father signed as KARTA and (A) as witness on all 3 sale deeds.
My father died in July-2015.
What can I do now ? Does this amount to forgery on part of (A) ? Can I request a court to cancel the sale deed ? How can I re-possess the plot ?
Please HELP.
I think you are late in approaching court , once the property was purchased by your father he had every right to sell it. But if you are able to convince the court that there was partition and you were also given share only then you may have a case . But that would be really difficult.
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Adv. Sameer Kumar Shrivastava
Gwalior | 100+ Answers
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What is the law on Hindu Undivided Family property?
By virtue of their rights, the co-owners are entitled to receive a portion of this property. A HUF usually has a business that generates income. A HUF is therefore considered a person under section 2(31), of the Income Tax Act[i] from 1961[ii]. It is also taxed separately.
Can HUF Karta sell property without consent?
The Supreme Court has ruled that the Karta" of a Hindu Undivided Family can sell, mortgage or alienate its property even though it may be owned by a minor. It is also not necessary for the head of the family to get the consent of the other members. 07-Oct-2023
Who is the owner of HUF property?
The property of an HUF is owned equally by each member. The property owned by the HUF cannot be sold unless all members of the family are present. The property is also divided equally amongst new members of the family who are added by birth or marriage. 21-Sept-2023
What is the Supreme Court judgment on HUF property?
LIVELAW NEWS NETWORK. The Supreme Court ruled that a Karta in a Hindu Undivided Family has the right sell/dispose/allocate a Hindu Undivided Family property even if the minor has an undivided share. 06-Oct-2023
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