My grandfater want to sell huf property please suggest

tanuj (Querist) 31 May 2012 This query is : Resolved
Dear sir,

my grand father and my father purchased one property in 1983 on the name of my grand father and my father as a karta of huf. in 1984 due to an accident my father had expired. right now my grand father want to sell this property but my uncle (my father's real elder brother ) creating problem in sell property .. i want to know who is the actual owner of this property and how my grand father sell this property and , my uncle if claim then in which term they can claim and how much they claim.

my grand father family detail.

1 Grand father

2 TWO SONS
(A) (Late) my father (B) my uncle

3 Two daughter
(A)late (my first bhuvaji) (B) widow ( my second bhuvaji)

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Sudhir Kumar, Advocate (Expert) 31 May 2012
you yourself said that property is self-acquired by your grand father.

adv. rajeev ( rajoo ) (Expert) 31 May 2012
Your questons have been answered refer those answers.

Adv.R.P.Chugh (Expert) 31 May 2012
Dear Querist,

* Even though a particular property is held exclusively in the name of Karta of a HUF - the presumption arises that it is joint family property held for the benefit of the entire coparcenary.

* If it was your father's self acquiredproperty and held exclusively for own benefit - your uncle can't create impediments in it's sale.

Feel free to talk !

Shonee Kapoor (Expert) 01 June 2012
Rightly advised.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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