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Land Selling

(Querist) 12 December 2008 This query is : Resolved 
Dear Sir,

Please let me know whether father of a undivided hindu family can sell land which is in his own name without the consent of his sons who are all adult ?
Guest (Expert) 13 December 2008
As you have said HUF, than if your father is the karta of the HUF then he can sell it.
G. ARAVINTHAN (Expert) 13 December 2008
Father has right to sell the property in his name
Prashant Kumar Jha (Expert) 13 December 2008
Being the karta of a HUF he can selloff the property ,in this case the property is already in his name
Adv.Shine Thomas (Expert) 14 December 2008
Yes,I agree with the above opinion.
J K Agrawal (Expert) 14 December 2008
Learned friends
I slightly disagree all these opinions. A Karta can transfer property only in the interest of whole family and if transfer in not bonafide and in interest of entire family an injunction can be obtain to restrain him. It does not matter in whose name the property entered in official records. Only thing required is that the property should be a pert of coparcenery and it should not be self acquired.


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