• Huf

My father creat huf in 1998 when I was 16 yr old. He start selling our ancestral property. Now very small property is remaining to sell out which now I don't want to sell So, I ask him for partition through court now matter is in district court. Shall I get my share on sold out property? As I am coparcener can I ask for my share in sold out property and remaining property? Whichever property sold out by my father I sign as a witness there.
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

1. Since you're coparcener your share in the property is crystallised and it cannot be defeated by way of sale.

2.Now since the court has imposed injunction on sale you can remain assured of your sahre which would be determined on final adjudication of the partition suit.

3.The proeprty sold can not be returned back as your consent is there when you signed as witness in those deeds.

Devajyoti Barman
Advocate, Kolkata
23511 Answers
530 Consultations

Court fees is state subject and varies from state to state

2) if your share in property is Rs 3.15 crores the court fees would be Rs 3 lakhs

Ajay Sethi
Advocate, Mumbai
98518 Answers
8018 Consultations

In the the event of legal necessity/benefit of estate the karta can alienate joint family property. However such an alienation can be challenged by the continuing coparcenors as not being for legal necessity or benefit of estate

2)you can claim your share in sold out property if sale was not for legal necessity or benefit of estate

Ajay Sethi
Advocate, Mumbai
98518 Answers
8018 Consultations

You can challenge the sale of the property if the same was not in interest of the estate or was not a legal necessity.

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Court fee will be around 3 lakh. However, if you do not have sufficient funds to pay the court fees you can sue as an indigent (in forma pauperis) (Your share in this particular property won't be counted towards ascertaining your assets)

Regards

Anilesh Tewari
Advocate, New Delhi
18095 Answers
377 Consultations

Hiii, file a suit for permanent injuction and partition to restrain him from selling the property .. If you want to file a recovery suit for 3.25 cents the stam duty will be approx 20 lacs

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

As a karta he has sold the property for the benefit of the joint family.

You can ask for partition and separate possession of the residual property now.

Since you have signed as witnesses in the properties that were sold, it is very clear that you are in the knowledge of the sale of properties.

Hence you cannot legally claim any share in the proprieties already sold.

T Kalaiselvan
Advocate, Vellore
88720 Answers
2409 Consultations

How much stamp duty I have to pay if my share is of RS. 3.15 CR.

Stamp duty is a state subject, you may enquire about it from the local sub-registrar office.

T Kalaiselvan
Advocate, Vellore
88720 Answers
2409 Consultations

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