Querist :
Anonymous
(Querist) 18 November 2022
This query is : Resolved
Original owner (great grand father) of ancestor property died many years ago. But since then, HUF (sons and legal heirs) has been paying property taxes, electricity bills etc. for this property. For the sale purpose, will HUF be considered owner of this property and HUF karta allowed to sell it?'
In this case, what documents will buyer need to buy this property?
kavksatyanarayana
(Expert) 18 November 2022
HUF karta cannot sell the property without the consent of coparceners.
Querist :
Anonymous
(Querist) 18 November 2022
That's correct - coparceners will provide the consent. But we don't have any paper that show that property is in HUF name. HUF has been paying property tax, bills etc. over the years. Is that enough to show that HUF own this property and legally able to sell it?
Read more at: https://www.lawyersclubindia.com/experts/ancestor-property-745631.asp
Read more at: https://www.lawyersclubindia.com/experts/ancestor-property-745631.asp
Advocate Bhartesh goyal
(Expert) 19 November 2022
HUF bank account and income tax returns of HUF in which Property has been shown are the main documents which shows that property belongs to HUF. But It will be better if sale deed be signed by all coparcenes or their legally authorised signatories.
Dr J C Vashista
(Expert) 20 November 2022
Karta of HUF alone cannot sell the property owned by all coparceners.
P. Venu
(Expert) 27 November 2022
What is the context for this query?
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