Is it legal to sell joint family property to mother by father?


We are living in a joint family. My father is the eldest among all the brothers.

Now he wishes to sell the part of the property to my mother. Is it legal? How can he do it?

Answer

Generally senior male member of Hindu Undivided Family (HUF) acts as Karta (Head) of the joint family.

Karta can sell the property owned in the name of HUF only in case of legal necessity for family needs and for benefit of the estate.

However, it may be possible that, in future, such sale can be challenged.Before coming into being of Hindu Succession Act, 1956 (1956 Act), HUF properties were owned by male members of the family. Females had no right as that of males in HUF properties. After the amendment brought in 1956 Act, in 2005brought major changes to Female’s rights in ancestral/HUF properties under Mitakshara School. Females (daughter, wife and mother) have been given right equal to son of the deceased male to his self-acquired properties and share of such deceased male in the undivided HUF properties were also opened to be shared with daughter, wife/widow and mother.  Idea behind this law was to give more social protection to females.However, a married woman does not have right in properties of her husband’s family. She can only have right in such properties as widow i.e. after death of her husband. After divorce with her husband, this right also dilutes. There divergent opinion of courts on this issue wherein in is held by courts that can represent the HUF for the purpose of assessment and recovery of income tax. She can only sell her share when she satisfies the court that child is minor and for his necessities the sale is necessary.

It is suggested that to avoid such implication you can ask your father to execute a gift deed in your mother’s favor or give you an NOC and then your mother can sell the property.


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