Property of hindu undivided family

Querist : Anonymous (Querist) 04 August 2024 This query is : Resolved
परिवार की संपत्तियो का पारिवारिक सदस्यो के मध्य कोई कानूनी बन्टवारा नही हुआ है क्या ऐसी स्थिति में भी कोई परिवार का सदस्य स्वयम के नाम से कोई संपत्ति क्रय कर सकता है और क्या वह अकेला स्वयम को क़ानून मान्य एकल मालिक मान सकता है यदि उत्तर सकारात्मक है तो ऐसा कब व किन परिस्थितियो में माना जायेगा ?

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T. Kalaiselvan, Advocate (Expert) 04 August 2024
A coparcener of a HUF cannot sell his share of property independently without a partition.
If anyone is indulging in such activity then it may be as illegal and invalid.

Querist : Anonymous (Querist) 04 August 2024
But if he is a married person and he purchased that property by his own efforts and own sources then what may be the legal scenario ? Can a claim held be valid by other members ?

T. Kalaiselvan, Advocate (Expert) 04 August 2024
If the self acquired property has been pooled into the common or HUF property, then all the coparceners will be entitled to a share in that property automatically.
If he has brought the self acquired under HUF then he can sell it independently.

Advocate Bhartesh goyal (Expert) 05 August 2024
Until and unless partition of huf properties by metes and bound does not take place, property purchased by individual member will be deemed property of huf,

P. Venu (Expert) 18 August 2024
As regards the original query, to my knowledge, a co-parcener can sell his undivided share in the joint family property. However, it is well settled that the purchaser of a coparcerner’s
undivided interest in joint family property is not entitled to possession of what he has purchased. His only right is to sue for partition of the property and ask for allotment to him of that which on partition might be found to fall to the share of the coparcener whose share he had purchased. His right to possession would date from the period when a specific allotment was made in his favour.

As regards the further query/clarification, what exactly do you mean by "But if he is a married person and he purchased that property by his own efforts and own sources then what may be the legal scenario"? Does it pertain to third party who has purchased the property from the co-parcener?

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