transfer of huf's property to an individual

g h thakkar (Querist) 13 May 2011 This query is : Resolved
Can any huf transfer it's property to the eldor son(individual) of son's huf

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Devajyoti Barman (Expert) 13 May 2011
No unless other co sharers consent to it.

M/s. Y-not legal services (Expert) 14 May 2011
Yes. Co sharers concent is must

A V Vishal (Expert) 14 May 2011
The elder son is also a co-parcener and has a share in the father's HUF, hence the father has right to transfer the son's share to the son's HUF. Consent of others is not required since it is not a joint property.

M V Gupta (Expert) 15 May 2011
I agree with Mr. Burman's view. HUF property is a joint property of all the coparcenrs and hence cannot be dealt with by the Karta as he likes and without the consent of the coparceners, unless the alienation is for legal necessity or for the benefit of the HUF.

Guest (Expert) 16 May 2011
Agree with Mr. Barman.

A V Vishal (Expert) 16 May 2011
A father in his right as patria potetas or otherwise can effect a partition between himself and his son of the joint family property of HUF. However, he has to allot equal shares to the sons.

The father is expected to act bona fide and only aggrieved party can seek relief by way of appropriate proceedings. However, till such a partition is held invalid by a competent court, it must be held as valid.

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