Rights of Karta in Hindu Undivided Family
Aryan Jadhav
(Querist) 19 October 2010
This query is : Resolved
what are the rights of Karta in HuF proeprty? Can he sell out the property without obtaining consent from other co-parceners ?? what Law is says?? Please give me citation concenred with the same ..
Devajyoti Barman
(Expert) 19 October 2010
The Karta could sell a joint property without the permission of other co sharers only in case of acute emergency and the onus lies upon the karta to prove such emergency.
Aryan Jadhav
(Querist) 19 October 2010
thank u barman sir ... i've some doubt abt d same .. if name of karta recorded in record of rights in the year 1945. Later on he sold out the ancestral property to third person.That third sold out the abvoe said property to other person. In such circumstanes.. can other co-shareres of the HUF Family of that Karta can sue against him and claim 4 their undivided share in the ancestral property ?? How limitation period consider in this case ??
R.Ramachandran
(Expert) 19 October 2010
Please indicate when did the Kartha sell the property. Whether the Kartha is alive today? Who are the members of the HUF and whether they were major or minor when the sale took place?
R.Ramachandran
(Expert) 19 October 2010
Please also indicate how the sale proceeds were utilised.
Aryan Jadhav
(Querist) 19 October 2010
Thank u Ramachandran Sir for ur quick replies..!! Kartha is not alive today, his name mutated on record of rights on 30/12/1934. There were some minor and some major member in his hindu joint family. Later on as per family parttion, part area from their ancestral property allotted to 'X'. 'X' expired leaving behind him his legal heirs names were recorded to the record of rigths and they sold out the said property to thrid party.
Aryan Jadhav
(Querist) 19 October 2010
I'm waiting for u expert opinion, Sir !!! please ..!!
R.Ramachandran
(Expert) 19 October 2010
Dear Mr. Aryan,
You have not answered all my queries clearly. Without your clear replies to all the queries, it will not be possible to answer.
niranjan
(Expert) 19 October 2010
In my opinion when the ancestral property was partitioned and the part of property which came to share of Mr. X, and Mr.X heirs sold that property,remaining heirs of ancestor cannot claim that property.
Chittaranjan Bairisal
(Expert) 30 October 2010
A Karta can sale the joint family property as long as such sale is for the benefit of the family and not tainted with malafide. Such a sale shall be binding on all the members of the family including minors. AIR 1988 SC Page 876 may be referred.
