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Arief.H.B (Managing Director)     16 December 2009

Land sold by karta of HUF

 Dear Sirs,

I would like to know if a karta of a HUF along with his eldest son sell Property belonging to a HUF with out the consent of the remaining three more sons of the karta.

In the time of distress to clear some debits borrowed for the welfare of the HUF.

The above mentioned transaction was in 1989.the land was sold by the karta & his eldest son.

Is the property titles clear,can i recommend my client to go forward in the deal.



Learning

 2 Replies

Kamlesh Kumar Dixit (Advocate)     16 December 2009

if the land sold by the karta and his eldest son is less then the share of them or if they had not seperated at the time of the said transaction then there is no problem

Raghav Sood (Lawyer)     19 December 2009

well you need to file a comprehensive suit  for declaration to the effect that land question is juf copar property and and the sale deed dated? by the your father in favour of your mother  was without any legalnecessaity and same has no effect upon your rights along with consequential relif of injunction and possession by partition  along with suit file and intrim application for temporary injunction

acording to me solitary suit for cancellation of sale deed and partition and injunction  does nt lie being barred by limitation under article 59 of limitation and you have to declare your right and it will also be save from paying heavy court fee as in case your suit succed he sale deed itself declared null and void because when a coparner challenges the sale without and legal necessaity he need not required to pay advolerm court on cancellation

calucalte your share in property sepeartly as you can only seek the declartion of your share in the property


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