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Sunita devi   02 November 2020

Sale of property by huf

I want to purchase a property from an individual but that individual purchased from HUF.I purchased this property with a bank loan but bank lawyer not give noc clear because he said that the HUF has no rights to sell the property of its own requirnment. Please help me i am very depressed for this.


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 2 Replies

Pradipta Nath (Advocate)     02 November 2020

The Bank lawyer is right in the sense that the Karta of HUF cannot sell property for his own cause.

But he can sell property of out of legal necessity and that too without the consent of other coparceners.

Please find out the HUF deed, who were the coparceners, whether consent was taken from all the coparceners before selling to the individual or not! Whether the property bought was exactly part of HUF or not!

If all the formalities were complied before selling to the individual I don't think the Bank lawyer will create any problem!

Sunita devi   02 November 2020

Thanku sir for reply on my problem.

Yes sir consent was taken from all the member of HUF.

The whole property was HUf Mother patrimony which was taken by HUF as a gift or....


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