Sumit Kumar (Engineer) 17 September 2012
Hi,
I am buying a poperty from an HUF. First query is that is it sufficient to get the sign of the karta on the sale deed? Second, if the HUF itself does not have a PAN Number, then is it possible to make payments to the karta on behalf of the HUF? The reason for the second question is that bank loan disbursement requires PAN of the HUF. If the HUF does not have a PAN, is there an option of submitting Form 60 on behalf of the HUF?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 18 September 2012
Once has to be very cautious in buying an HUF property, with Karta only signing the sale deed. In any ancestral property numerous born/unborn(but concieved) persons can have rights. It is of utmost importance that you remember that a Karta can alienate joint family property only in cases of legal necessity and benefit of estate, and if the sale is challenged - you would have the burden of proving that you exercised all due diligence in ensuring for yourself the legal necessity involved i.e a compulsive circumstance.
As regards the second part : The answer is in the positive - you can sale payment to Karta (on behalf of HUF)
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