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Arun V   15 December 2018

Purchase of HUF property from karta with minor interests

Lawyers,
I am at the final stages of purchasing a HUF property from "A" who is the kartha, he got this property from his father through an unregistered will. "A" has two sons and a married daughter and his wife is no more. "A" also has 4 minor grandson and 1 major grandson. some of the minors are abroad. karta "A" is selling this property to me, with all his three children as consenting witness.
These are my queries:
a) Can karta transfer a clear title to me ? and sell this HUF property to me
b) Should I be worried about minor interests and how can I protect myself from problems in future
c) Since one of "A" son and his minor children are abroad, does it create problems. I have GPA from the son abroad, but what about his minor children ?
d) Can I deposit the sale money in karta's personal account?


Learning

 8 Replies

Shashi Dhara   15 December 2018

1)Yes karTa can sell the property to for the benefit of family .he can transfer title to u.2)udont worry about the minor internet their father's are minor gaurdian they can act on behalf them for minor benifits.3)the GPA is enough u mention it in sale deed and obtain xerox copy of GPA deed.he acts as minor gaurdian.4)yes u can deposit money.

Shashi Dhara   15 December 2018

1)Yes karTa can sell the property to for the benefit of family .he can transfer title to u.2)udont worry about the minor interest their father's are minor gaurdian they can act on behalf them for minor benifits.3)the GPA is enough u mention it in sale deed and obtain xerox copy of GPA deed.he acts as minor gaurdian.4)yes u can deposit money.

Arun V   15 December 2018

thank you, how do I know what am buying is a HUF property or not? does EC tell me ?

Shashi Dhara   15 December 2018

If the property is not partitioned between father's&sons or with brothers.they shud be hindus Sikh Jain Buddhistvira shiva lingayat will constitute HUF &property is HUF property .

Arun V   15 December 2018

In EC it comes as only karta name, but not as "karta name HUF", I doubt this is HUF property only with the fact that he gave me a HUF PAN card of karta

RICHARD F (STUDENT)     16 December 2018

if minor claiming his share after some time when he attains majority then what are the consequences??

RICHARD F (STUDENT)     16 December 2018

there are some queries even I too want to clarify

RICHARD F (STUDENT)     16 December 2018

Mr Arun V if you can spare some time kindly contact me on what's app +91- 9342668825

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