Huda land transferability
Meenakshi goyal
(Querist) 14 June 2015
This query is : Resolved
My father had a partnership firm. The firm dissolved and accquired by second partner. He did not pay whole amoun to us. Thats why my father did not appear before huda authority physically which is required to transfer the land. Huda refused to transfer the land to second partner. Their rules overrules the partnership act. Now my question is can we transfer the land to thirt party.
Sudhir Kumar, Advocate
(Expert) 15 June 2015
you have not at all stated
i)in whose name the land is?
ii)how land is connected with partnership?
iii)when partnership dissolved?
iv) when did he last refuse to pay the dues?
vi) are you able to legally justify the dues?
vi) what action you have taken to recover dues?
vii) what were terms of partnership.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 June 2015
Agree with expert and add pl go through terms of partnership deed to remedy the problem
Rajendra K Goyal
(Expert) 15 June 2015
Author need to reply the important questions raised by the expert Sudhir Kumar and need to provide material information so that advise can be given.
Dr J C Vashista
(Expert) 16 June 2015
Besides the vital questions raised by expert Sh. Sudhir Kumar, which I fully agree being important in forming an opinion I may add to ask the author,
a) How and whether HUDA Act can overrule the provisions of Partnership Act since HUDA Act is a state subject whereas Partnership Act is a Union subject?
b) How the firm stood dissolved without fulfilling terms and conditions of dissolution?
c) Whether the dissolution deed has been registered and submitted to authorities concerned?
d)How did the subject landed property involve HUDA for a partnership firm? What was the purpose and use of allotment/ sale/lease out of the subject land to the firm? Whether the land was sold or leased to the firm?
Consult a local lawyer with all relevant documents including partnership deed and deed of dissolution of the firm for proper analyzing and advise.
